Terms of Service

Eligibility

Except for Section 15, providing for binding arbitration and waiver of class action rights, Omega Network reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. The most current version of these Terms will be posted on our Site. You are responsible for reviewing and familiarizing yourself with any such modifications. Following modification of the Terms, your continued use of the Services shall constitute your consent, agreement, and acceptance of the Terms of Use as modified.

Modification of Terms of Service

By your use of the Service, you represent and warrant to Omega Network that you are fully capable of understanding the Terms, and that you are legally competent to consent, agree and accept the Terms, including all conditions, obligations, affirmations, representations, and warranties set forth herein. You further represent that you are using the Site solely for your own personal use, and that you will abide by and comply with these Terms. This Site is not directed to users under the age of 18.

The Site is a global platform and by accessing the Content or Services, you are representing and warranting to Omega Network that you are of the legal age of majority in your jurisdiction of residence, and that you understand, acknowledge and agree that this is required by Omega Network for you to access such Service and Content and to accept these Terms, and enter into arrangements as provided by the Service. You further represent that you are legally permitted to use the Service in your jurisdiction of residence, including with respect to all laws, rules and regulations applicable to you with respect to owning cryptographic tokens, and interacting with the Service or Content in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Omega Network is not liable for your compliance with such laws. You understand and acknowledge that Omega Network’s provision of access to you for the Site and Service is predicated and dependent on the representations and warranties provided by you herein.

Account Password and Security

When setting up an account on the Site, you are responsible for keeping and maintaining the security of your password. To access the Site, you will be required to provide your password as part of the sign-in process. The security of your password serves to ensure the security of your account on the Site, and helps to ensure the safety and security of third parties and their accounts. In addition, Omega Network encrypts your password, and maintains this information locally, while also generating, and providing for your use, a random keyword that is securely stored on Omega Network servers for your use and convenience.

By using the Service, you represent, warrant, and agree that (a) all information you provided to Omega Network through the registration process is, and was at the time submitted, accurate, complete, and correct; (b) all information you provided during the registration process is governed by the terms of our Privacy Policy at https://omeganetwork.cloud/privacy; (c) you have, and will maintain, a two-way authentication login for any third-party service used to access the Service (i.e., Facebook or Apple login); (d) you will not use the password you created to access the Site for any other account or purpose, including for the connected third-party account (i.e., Facebook or Apple login); (e) you will at all times during your use of the Site and Service keep and maintain the privacy and confidentiality of your passwords, including the password used on any third-party connected account (i.e., Facebook and Apple login), and you represent and warrant to Omega Network that you will not share your Site or third-party connected account password with any other person or entity; (f) you understand and agree that you are obligated to immediately notify Omega Network of any unauthorized use or breach of security with respect to your Site account or third-party connected account (i.e., Facebook or Apple login).

By your use of the Site and Service, you acknowledge and agree that Omega Network is not liable for any loss or damage arising from your failure to comply with this section, or the Terms, and to the greatest extent permitted by applicable law, you forever release and waive any claim for loss against Omega Network.

Submissions

In the event that you post material to the Site, or otherwise make (or allow any third party to make) material available by or through the Site (referred to herein as "User Content"), you understand, acknowledge and agree that you are responsible for all User Content, and you hereby agree to indemnify and hold harmless Omega Network for any loss, damage, fine, penalty or cost resulting from such User Content. User Content includes, but is not limited to, text, graphics, audio files, computer software, or any other material posted or made available by you through any media now known or later developed.

By making User Content available, you represent and warrant that:

• Your User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• Your User Content is not spam and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• You will post only User Content that is relevant to Omega Network and at a rate and volume that does not hinder other Site users’ (each referred to herein as a “User” and collectively referred to herein as “Users”) ability to use the Site or Service;
• Your User Content is not libelous or defamatory, does not contain threats, would not be considered hate speech or discriminatory, and is not intended to incite violence towards individuals or entities;
• Your User Content does not violate the privacy or publicity rights of any third party; and
• Your User Content is not illegal, unlawful or prohibited in your jurisdiction of residence, or in any jurisdiction where the Site or Service are accessible by Users.

By submitting User Content to Omega Network for inclusion on the Site, you grant Omega Network a world-wide, perpetual, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish your User Content in connection with the Site or Service. You represent and warrant that (a) you own and control all of the rights in and to the User Content that you post on the Site or you otherwise have valid and legally binding right to post the User Content to the Site and grant the above referenced license to Omega Network; (b) your User Content is accurate and not misleading; and (c) use and posting of your User Content does not violate the Terms of Service and will not violate any rights of or cause injury, loss or damage to any person or entity.

Without limiting any of these representations or warranties, Omega Network has the right (though not the obligation), in Omega Network's sole discretion, to terminate or deny access to and use of the Site to any individual or entity for any reason, or to remove or delete any User Content posted on the Site.

Acceptable Use

Except as expressly provided in these Terms, you agree that you will not:

• Copy or seek to reproduce by or through any means the Site, Service, or Content or any portion thereof;
• Distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works based on, print any part of, or otherwise attempt to discover the source code, compiled executables, intermediate files, or underlying structure, ideas, know-how or algorithms relating in any way to the Site, Service, or Content;
• Use the Site or Service to send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material that violates third-party rights;
• Use the Site or Service to create, use, send, store, or run material containing software viruses, worms, Trojan horses or otherwise engage in any malicious act which disrupts the security, integrity or operation of the Services, including, but not limited to, hacking the Omega Network, Site, Services, or a User account;
• Use the Services in any manner that violates any applicable foreign, federal, state or local law, rule or regulation;
• Use the Site or Service in any manner that violates any third-party rights or the Terms;
• Use scripting, computer programs or third-party scripting or any multi-account management services to create fake accounts, to cheat for any Omega bonus, or to receive the Mobile Balance or any Omega reward intended for accounts held by real human beings in compliance with the policy of one account per person, or spam the chat rooms on the Site;
• Sell or transfer your User account to another individual or entity, or acquire any User account that is not your own;
• Participate in the unauthorized sale of Omega.

Your violation of these terms may result in Omega Network’s terminating or denying access to and use of the Site and Service, freezing your account, or rescinding, removing or canceling previously awarded Mobile Balances or OMG received by you.

Representations, Warranties and Risks

Warranty Disclaimer

You expressly understand, acknowledge and agree that your use of the Site, Service and Content is at your sole risk. The Site, Service and Content are provided on an "AS IS" and "as available" basis, and Omega Network makes no warranty of any kind, either express or implied, with respect to the Site, Service or Content or your use thereof including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You understand, acknowledge and agree that Omega Network has no control over, and no duty to take any action regarding:

• Users that seek and obtain access to or use of the Site, Service or Content;
• The effect, if any, that the Site, Service or Content may have on you;
• The manner that you may interpret or use the Site, Service or Content;
• The actions you may take as a result of having been exposed to or using the Site, Service or Content.

You hereby agree and forever waive and release, and agree to indemnify, Omega Network from any and all claims or liability that you or any other person or entity may have arising from your access to or use of the Site, Service or Content. You understand, acknowledge and agree that Omega Network makes no representations to you or any other person or entity concerning the Site, Service and Content, access to which you may obtain or which may otherwise be contained in or accessed through the Site or Service, and you further understand, acknowledge and agree that Social

Sophistication and Risk of Cryptographic Systems

By accessing, utilizing or interacting with the Site, Service, or Content, you represent and warrant to Omega Network that you understand the inherent risks associated with and have experience with cryptographic systems. By agreeing to the Terms, you further represent and warrant to Omega Network that you have an understanding of the usage and intricacies of native cryptographic tokens (including, but not limited to, Ether (ETH) and Bitcoin (BTC)), smart contract based tokens (including, but not limited to, those that follow the Ethereum Token Standard https://eips.ethereum.org/EIPS/eip-20), and blockchain-based software systems.

Risk of Regulatory Actions in One or More Jurisdictions

Omega Network, and the Site, Service and Content may be materially impacted by a change in law, rule or regulation or as the result of one or more regulatory inquiries or regulatory actions taken in one or more jurisdictions. Any such action may impede, limit or make unavailable the ability of Omega Network to continue to develop, offer or support the Site, Service or Content, or your continued access or use of the Site, Service or Content. By your use of the Site and Service, and acceptance of these Terms, you expressly understand and acknowledge this risk, and waive and release Omega Network for any claim for loss or damage that you may now have or later acquire which relates or arises from your use and access of, or lack of use and access of, the Site, Service or Content that is impacted by any change in law, rule or regulation, regulatory inquiry or regulatory action taken in one or more jurisdictions.

Risk of Weaknesses or Exploits in Cryptography

You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, the Site, Services, and Content, and such risks include the risk of theft or loss of your cryptographic tokens or property.

To the extent commercially reasonable, Omega Network intends to continue to update the protocol underlying the Site and Services to address ongoing advances and emerging risks in cryptography, and will seek to incorporate additional security measures where commercially reasonable to do so.

You understand, acknowledge, and agree that Omega Network does not guarantee or otherwise represent that Oallet, the Omega Network, the Site, Service, or Content are fully secure from such risk now or in the future.

By using the Service or accessing Content, you understand, acknowledge, and agree that you are aware of these inherent risks and your use and access to the Site, Service, and Content is done so at your own risk, including those specifically described above.

Volatility of Crypto Currencies

You understand, acknowledge, and agree blockchain technologies and associated currencies and tokens (including, for instance, Ethereum and others) are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks.

You also understand, acknowledge, and agree that after the external connectivity is enabled for the mainnet of Omega Network ("Mainnet") or Omega Network is listed on one or more exchanges, if any, it will likely be of similar volatility and will be subject to the same risk factors faced by other cryptocurrencies.

You also understand, acknowledge, and agree that the cost of transacting with respect to such technologies or in such cryptocurrencies is variable and may increase at any time and that this increased cost may have a material impact on activities taking place on one or more blockchains. Omega Network will be subject to similar such risks.

You understand, acknowledge, and agree that these risks are present and waive and release Omega Network for any such claim for loss or damage that you may now have or later acquire which relates or arises from such risk or from Omega Network, or your use and access of the Site, Service, or Content, including, but not limited to, any fluctuations or increased costs as described above.

Application Security

You understand, acknowledge, and agree that blockchain applications, including the Site and Service, are based on code which is inherently subject to errors or flaws, and you hereby represent and warrant that you understand, acknowledge, and agree that you are solely responsible for your use and access of the Site, the Services, or Content.

You are solely responsible for evaluating the code provided by or otherwise used in the Site, Service, or Content, including, but not limited to, your evaluation of the trustworthiness of, and your use and access of third-party websites, products, smart contracts, or Content that you, of your own volition and at your own risk, access or use through the Site and Service.

You further understand, acknowledge, and agree that blockchain applications that are available through the Site or Service may be written in a manner that is malicious or negligent, and you understand, acknowledge, and agree that Omega Network shall not be liable for any loss or damage resulting from your interaction with such applications, including for loss of property (including OMG), or personally identifiable information concerning you or others.

This section, and any other notice or warning provided to you by Omega Network, shall not be used by you as evidence against Omega Network for a claim or loss, nor does it suggest or imply an ongoing duty on the part of Omega Network to alert you to any and all potential risks of utilizing the Site, Service, or Content.

Waiver and Release; Indemnity

By agreeing to these Terms, and by using or accessing the Site, Service, and Content, you hereby agree to waive and release any claim against Omega Network, or its parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, for any such claim of loss or damage that you may now have or later acquire which relates to or arises from your use and access of the Site, Service, or Content.

Furthermore, you agree to indemnify, defend, and hold harmless Omega Network and its parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs), claims, or actions of any kind whatsoever arising or resulting from your use of the Site, Service, or Content other than as expressly authorized by and pursuant to the Terms, your violation of the Terms, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy.

Omega Network reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Omega Network in the defense of such matter and to reimburse Omega Network for all such costs of defense incurred.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK.

RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OMEGA NETWORK TOKEN: OMG NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND AGENCIES, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES, OR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND.

INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY (EVEN IF OMEGA NETWORK TOKEN: OMG HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• THE SITE OR SERVICE
• THE USE OR THE INABILITY TO USE THE SITE OR SERVICE
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE
• ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US
• HUMAN ERRORS
• TECHNICAL MALFUNCTIONS
• FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES
• OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS, OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE
• ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT
• INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE
• THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO IMAGES OR OTHER CONTENT OF ANY KIND
• DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST
• TYPOGRAPHICAL, PRINTING, OR OTHER ERRORS
• ANY COMBINATION THEREOF
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OMEGA NETWORK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR SERVICE, OR YOUR DOWNLOADING OF ANY MATERIALS OR CONTENT FROM THE SITE OR SERVICE.

Our Proprietary Rights

The Site, the Service, all functionality of the Site and Service, and all Content and all intellectual property are owned by Omega Network, its parents, subsidiaries, affiliates, or its licensors.

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Except as expressly authorized by Omega Network, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the Site, Service, or Content, in whole or in part.

The trademarks OMEGA NETWORK, OMG, OMG NETWORK, and the OMG design mark (the "Trademarks") are trademarks of Omega Network and its parent, OMG Community Company.

You may not use the Trademarks without the prior written permission of Omega Network. Any permitted use of the Trademarks must be pursuant to and in compliance with the OMG Trademark Guidelines.

Links

The Site and Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications, or resources. Because Omega Network has no control over such sites, applications, and resources, you acknowledge, understand, and agree that Omega Network is not responsible for the availability of such external sites, applications, or resources, and does not endorse, adopt, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, applications, or resources, including with respect to content that references the Site, Service, OMG, or Content.

You further understand, acknowledge, and agree that Omega Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such site, application, or resource.

Termination and Suspension; Account Deletion; Survival of Terms

Omega Network, in Omega Network's sole discretion, may terminate or suspend your access and use of all or part of the Site or Service immediately, without prior notice to you, if you breach any of the Terms. Omega Network also retains the exclusive right, in its sole and absolute discretion, and with or without cause (including where there has been no breach of the Terms by you) to terminate or suspend all or part of your access and use of all or part of the Site or Service immediately, without prior notice to you.

Upon termination of your access, your right to use the Site and Service will immediately cease. You hereby waive and release Omega Network for any claim for loss or damage that you may now have or later acquire which relates or arises from termination or suspension, in part or in whole, of your use and access to the Site or Service.

Prior to receiving OMG on the Mainnet ("Mainnet Migration"), we will verify your identity and such verification must be linked to your account, as required by law. If you have passed Omega Network’s KYC process ("KYC") and fulfilled other relevant requirements as set forth in these Terms, you may obtain OMG cryptocurrency in your Mainnet wallet ("Mainnet Wallet”) on the OMG Mainnet Blockchain (the "Omega Mainnet Blockchain") (such migrated OMG is referred to herein as "Migrated OMG").

In the event that you have Migrated OMG in your Mainnet Wallet, and you request Omega Network to delete your account and terminate your use and access of the Site and Service, then you expressly understand, acknowledge, and agree that you are, pursuant to these Terms, required to:

• Return all Migrated OMG that you then have deposited in your Mainnet Wallet, and
• Destroy your Mainnet Wallet.

Upon the completion of each of these requirements, Omega Network shall process your request for account deletion and termination of your use and access of the Site and Service. Provided, however, Omega Network may be required to retain certain information regarding your account to meet its legal and regulatory obligations.

The following provisions of the Terms shall survive any termination of these Terms, or your use and access to the Site or Service:

• INDEMNITY
• WARRANTY DISCLAIMERS
• LIMITATION OF LIABILITY
• OUR PROPRIETARY RIGHTS
• LINKS
• TERMINATION
• NO THIRD-PARTY BENEFICIARIES
• BINDING ARBITRATION AND CLASS ACTION WAIVER
• GENERAL INFORMATION

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

Notice and Procedure For Making Claims of Copyright Infringement

If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed on the Site or Service, please provide written notice ("Notice") to Omega Network's Copyright Agent (set forth below) containing the following information:

• A description of the infringing conduct, the copyrighted work or other intellectual property that you claim has been infringed, and the action you are requesting to be taken.
• A description of where the material is located on the Site or Service, and where the infringing conduct is occurring on the Site or Service (if different from the location of the material).
• Your name, Country name, DOB, and email address.
• Documents supporting your ownership, or the ownership of the person or entity you are acting on behalf of, of the copyrighted material issued by the relevant government agency.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Omega Network's Copyright Agent

Suzain Rodriguez

Email: legal@omeganetwork.cloud

Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

14.1 Initial Dispute Resolution ("Initial Dispute Resolution")

The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

15.2 Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision set forth in 15.1 begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of the Site, Service, or Content shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court.

15.3 Location

Binding arbitration shall take place in California. You agree to submit to the personal jurisdiction of any federal or state court of California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

15.4 Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND OMEGA NETWORK 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

15.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

15.6 30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above via email at legal@omeganetwork.cloud. The notice must be sent within 30 days of your first use of the Site or Service, whichever is later, otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Omega Network also will not be bound by them.

15.7 Changes to this Section

Omega Network will provide thirty (30) days' notice of any changes to this section. Changes will become effective on the thirtieth (30th) day and will apply prospectively only to any claims arising after the thirtieth (30th) day.

For any dispute not subject to arbitration, you and Omega Network agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in California. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and Omega Network shall be governed by the laws of the State of California without regard to conflict of law provisions.

General Information

16.1 Entire Agreement

These Terms (and any additional terms, rules, and conditions of participation that Omega Network may post on the Site) constitute the entire agreement between you and Omega Network with respect to the Service and supersede any prior agreements, oral or written, between you and Omega Network. In the event of a conflict between these Terms and the additional terms, rules, and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.

16.2 Waiver and Severability of Terms

The failure of Omega Network to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

16.5 Governing Law

These Terms are governed by California law, without regard to conflicts of law principles. The exclusive jurisdiction and venue for disputes under or relating to these Terms are the federal and state courts in San Francisco, California. You consent to jurisdiction and venue in such courts.

16.6 Statute of Limitations

You agree that any claim or cause of action arising out of or related to the use of the Site, Service, or Content, or with respect to the Terms, must be filed (a) within one (1) year from the earlier of the date upon which the loss or damage occurred, or the date upon which the conduct for which the claim is brought occurred, or (b) prior to the expiration of any statutorily applicable statute of limitation. If not timely filed pursuant to (a) or (b) above, as applicable, then you understand, acknowledge, and agree that such claim(s) shall be forever barred.

16.7 Entire Agreement

These Terms contain the complete and entire understanding between you and Omega Network regarding your access to and use of the Site, Services, and Content. These Terms, as may be modified from time to time by Omega Network, supersede all prior agreements, whether written or oral, between you and Omega Network regarding your access to and use of the Site, Services, and Content.

16.8 Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

16.9 Communications

Users with questions, complaints, or claims with respect to the Site, Service, or Content may contact us using the relevant contact information set forth above.

Enclosed Period Transfers

Pre-Open Network Terms

If you passed the KYC and have migrated OMG on the Mainnet during Omega Network’s Enclosed Mainnet as described in the updated Omega Network Whitepaper chapters published on March 25, 2025, then you hereby explicitly acknowledge, understand, and agree, that prior to Open Network, the following additional terms and conditions set forth below shall apply.

Restrictions Before Open Network

You agree not to offer any sales of your OMG, Mobile Balance, or any derivatives of your OMG and Mobile Balance for other fiat or cryptocurrencies prior to the launch of Open Network.

Account and Wallet Ownership

You agree that you and only you are the exclusive holder of your account and Mainnet Wallet and that you will not transfer your account or Mainnet Wallet to another individual, group, or organization, or grant access to your account and/or Mainnet Wallet to another person or entity during the Enclosed Network period.

Prohibited Activities

You agree not to engage in any illicit and/or illegal transactions using your OMG, or in any activities that are intended to violate or otherwise circumvent the Terms or the Enclosed Network period rules and restrictions, as described in the updated Omega Network Whitepaper chapters published on March 25, 2025.

Consequences of Violations

Violation of any of these terms, prior to Open Network, may result in suspension and/or termination of your account, the invalidation of pending Migration Events, as described in Section 18 below, and any and all other necessary measures that Omega Network, in its sole and absolute discretion, deems necessary and reasonable to prevent and mitigate the harms incurred by such violations.

If your account is terminated prior to Open Network, or after Open Network but prior to your migration, for the above reasons, such account termination will result in the forfeiture, cancellation, and rescindment of your then current Mobile Balance. In the event that your account is terminated for one or more of the above reasons, you understand, acknowledge, and agree that such termination is the result of your acts or actions, and you hereby waive and release Omega Network from any claim for loss or damage that you may now have or later acquire which relates or arises from termination or suspension, in part or in whole, of your use and access to the Site or Service, and your forfeiture of your Mobile Balance as described herein.

Mobile Balance; Oken Tokens

You understand, acknowledge, and agree that prior to KYC, your use of the Site and Service for mining will generate a “mobile balance of points” which is maintained and reflected on the Omega Network App (the “Mobile Balance”). The Mobile Balance is a points calculation indicator. You understand that the Mobile Balance has no cash value, is not transferrable within Omega Network, is not your property, and may not be exchanged or transferred for any currency or cryptocurrency or for any other purpose.

Furthermore, obtaining a Mobile Balance through your use of the Site and Service does not entitle you to any right or interest in OMG or any other property or asset. You may lose your Mobile Balance if at any time you violate these Terms, we reasonably believe you are in violation of any applicable law, if we cannot verify your identity or you otherwise do not pass KYC, or if you engaged in suspicious activity.

We may, without prior notice or liability to you, discontinue the Mobile Balance functionality, or modify the Mobile Balance functionality, even though such changes may affect your eligibility for, or ability to access, the Mobile Balance. We may limit accrual of your Mobile Balance, including through caps, fees, and expiration. We may also revise the terms governing your Mobile Balance from time to time in our sole discretion, subject to applicable law. By continuing to access, test, or use the Mobile Balance functionality after any modification to these Terms, you agree to be bound by them.

Eligibility Criteria for Migration Events

You will be required to meet all eligibility criteria at the time of each Migration Event. The eligibility criteria include the following:

• You must have executed the Omega Network’s Acknowledgement to Receive Tokens;
• You must pass initial and ongoing KYC and anti-money laundering checks;
• You must not have violated the Terms, including, but not limited to, passing a screen to confirm that you have not used any act or artifice for the purpose of cheating or scripting;
• We must be able to verify the accuracy of your Mobile Balance;
• You must not have engaged in any fraud or illegal activity; and
• We must obtain confirmation that you reside in a jurisdiction that permits your use of the Site and Service, and receipt and holding of OMG.

If, during this eligibility review, you are determined to have violated the Terms, failed to execute the Acknowledgement to Receive Tokens, engaged in acts prohibited by the Terms or as specified in the Whitepaper, cheated or scripted, or you have failed to successfully pass KYC, then your Mobile Balance migration will be denied, your Mobile Balance will be forfeited, and you will not receive any OMG reward.

You understand, acknowledge and agree that Omex has no value, is not your property, cannot be transferred to a third party, and cannot be converted to, or exchanged for any cryptocurrency or currency. Omex may be purchased by you and may solely be used to post messages or vote for popularity of content on the Omex Social. At launch, the cost to purchase Omex shall be 1 OMG to buy 100 Oken. You may not use any other currency or cryptocurrency to acquire Oken. The price of Oken is set by SocialChain, in its sole discretion, and may be modified from time to time by SocialChain. Furthermore, you understand, acknowledge and agree that Oken is not usable outside of the Omex.