Privacy Policy

o-ma-god.com

1. Scope

CodePerform GmbH owns and also operates the website www.o-ma-god.com (called “Site”) and is the sole owner of the information that are collected on the Site. Codeperform GmbH ( “we’’, “us” and “our”) respect and protect the privacy of visitors to our sites and our customers who use our services. To ensure transparency, this privacy policy describes our personal Data handling practices when you access content we own and operate on the site.

We take your privacy seriously. Please read the following to learn more about our privacy policy. We will ask for your consent to the collection, use and disclosure of your personal Data as described below.

By accessing and using our services, you signify acceptance to the terms of this privacy policy, and by voluntarily providing us with your Personal Data, you consent to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Site, you consent & allow that such Personal Data may be transferred from your current location to the offices and/or servers of CodePerform GmbH and the authorized third parties herein referred to.

2. Information collected through the Site.

If you choose to use extended features of our Site, for example "saving" a product to your collection, you must first complete the registration form and create a username and password. During your registration and use of the Site, you have to give contact information and other Personal Data. Such types of information that are collected include:

A. Personal Data

[1] Registered Users. Users that are wishing to make use of enhanced features of our Site, registration may be required wherein you provide us with some Personal Data which may include your name and email address. This registration information is used to provide access to our Website and contact you when it is required.

[2] Non-Registered Users. While no Personal Data may be requested of Users wishing to make use of our Site without registering, there may be other data collected in accordance with the use of our Site. That information is explained below.

B. Other Information

[1] Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on our services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

[2] Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (“IP”) addresses, browser type, internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. Although we do not routinely associate this data with records containing Personal Data, we will use IP addresses to identify any user who refuses to comply with our Terms of Use and to identify users who threaten our service, Site, or other users.

[3] Cookies. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site and do not link this information stored in cookies to personally identifiable information you submit while on our site. We may use both session ID cookies and/or persistent cookies as part of the Site’s functionality. A session ID cookie expires when you close your browser and allows the Site to display your current session. A persistent cookie remains on your hard drive for an extended period of time and may be used to store your username or other identifier used by the Site. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated in order to ensure the proper functionality of the Site.

3. External Links

Our Site may provide links to various third party websites. However, even if a third-party affiliation exists between our site and that destination site, we do not exercise authority over these linked sites, each of which maintains independent privacy and data collection policies and procedures. We do not assume responsibility or liability and are not responsible for the independent policies and procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such websites. However, we wish to ensure the integrity of our site and any destination links, so any comments pertaining to any website accessed through these links are greatly appreciated.

an advertisement, the advertiser may assume that you meet its target criteria.

4. Our Disclosure of your Personal Data and Other Information

A. CodePerform GmbH is not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you and will not disclose your Personal Data to a third party except as set forth in this Privacy Policy. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

[1] Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

[2] Related Companies. We may also share your Personal Data with CodePerform GmbH related companies for the same purpose as the use by CodePerform GmbH itself. Namely, such Personal Data may be used by the CodePerform GmbH related companies to improve the content and functionality of the Site, to better understand our users, and to improve or deliver our services.

[3] Agents, Consultants, and Related Third Parties. CodePerform GmbH, like many businesses, sometimes hires other companies to perform certain business-related functions. We may use third party companies to provide mailing services, database maintenance, payment processing, and identity verification. When you register for the Site, we will only share your Personal Data, such as your email, necessary for the third party to provide such services. Those third parties are prohibited from using your personally identifiable information for any other purpose.

Other than the agents, consultants and related third parties described above, CodePerform GmbH will not share, rent or trade Personal Data with any third parties for their promotional purposes.

[4] Legal Requirements. We reserve the right to disclose your Personal data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us or our Site.

CodePerform GmbH may also disclose your Personal Data in the good faith belief that such action is necessary to (i) protect and defend the rights or property of CodePerform GmbH, (ii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iii) protect against legal liability.

[5] Consent. Except as set forth above, you will be notified when your personal Data may be shared with third parties, and will be able to prevent the sharing of this information.

If your Personal Data changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on the Site. Alternatively, you may email our Customer Support staff or contact us by telephone or regular mail at the contact information listed below.

5. Framing

At times, the Site may make use of “framing” technology, during which a frame within the window of the Site is actually displaying the content of another website not owned or operated by CodePerform GmbH. You should read the privacy policy of such other website as it will govern the information that is collected there.

6. Exclusions

This Privacy Policy does not apply to any information collected by CodePerform GmbH other than Personal Data collected through the Site. This Privacy Policy shall not apply to any unsolicited information you provide to CodePerform GmbH through the Site or through any other means. This includes, but is not limited to, information posted to any public area of the Site, including the comments, forum, and review sections of the Site (collectively, “Public Areas”). Please think carefully before disclosing Personal Data in a Public Area. All such information is not confidential and CodePerform GmbH shall be free to reproduce, use, disclose, and distribute such information to others without limitation or attribution and it may be used by others in ways we cannot prevent.

7. Children

CodePerform GmbH respects the sensitive nature of children’s privacy online. We do not direct any of our content or services, nor do we knowingly collect Personal Data from children under the age of 13. If you are under thirteen, please do not submit any Personal Data through the Site. If you have reason to believe that a child under the age of 13 has provided Personal Data to CodePerform GmbH through the Site, please contact us and we will endeavor to delete that information from our databases.

8. Security

We employ reasonable security measures to protect against the loss, misuse, and alteration of the personal Data under our control. Personal Data is stored in a secured database and always sent via an encrypted SSL protocol when supported by your browser. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Site may not be secure. Therefore, you should take special care in deciding what information you send to us via email.

9. Contact

If you have any questions about this Privacy Policy, the practices of the Site, or your interaction with the Site, please contact us by clicking on the “Contact Us” link at the bottom of the page or at the following address:

info@codeperform.com

10. Our usage of Your Personal Data and Other Information

We use the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, registration information submitted when creating your account, may be used to help suggest products to you based on past purchases. Also, we may use your Personal Data to provide access to services on the Site and monitor your use of such services. CodePerform GmbH may also use your Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users, and to improve our services.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

11. Opt-out

We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes, when we ask you for this information. For example, when you register for the Site, if you do not wish to receive any additional material or notifications from us, you can indicate your preference on our registration form.

12. Changes to this Privacy Policy

CodePerform GmbH reserves the right to modify this Privacy Policy from time to time, so please review it frequently. If we make material changes in the way we use Personal Data, we will notify you here, by email, or by posting an announcement on the home page of our Site. Your continued use of the Site after such changes are posted and will indicate your acceptance of the changed terms.

o-ma-god.com

o-ma-god.com (“OMG”) provides users the ability to discover and purchase unique products through our website. Those services are provided subject to the following terms and conditions.

1. PRIVACY

Please review our Privacy Notice to understand our privacy practices.

2. GENERAL

This page states the Terms of Use (“Terms”) under which you may use www.o-ma-god.com (the “Site”), an on-line service to discover and purchase new and unique products and gifts.

These Terms include the OMG Privacy Policy which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use the Site and its services. By registering for and using the Site, You expressly agree to be bound by these Terms, including the OMG Privacy Policy.

OMG may revise these Terms at any time by posting an updated version to the Site. You should visit this page periodically to review the most current Terms because they are binding on You. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing the Site for any reason. The term “Post” as used herein shall mean information that You submit, publish, or display on the Site.

3. ELIGIBILITY

By visiting the Site and accepting these Terms, You represent and warrant to OMG that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to OMG that You will use the Site in a manner consistent with any and all applicable laws and regulations.

4. LICENSE

OMG grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of OMG. This license allows people searching for unique products and gifts to purchase those products for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of OMG, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of OMG.

Any unauthorized use terminates the permission or license granted by OMG and may result in both civil and criminal liability.

5. SITE RESTRICTIONS

Users may not use the Site in order to transmit, post, distribute, store or destroy material, including, without limitation, comments and reviews (the “Content”) (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; or (iv) forgoing any TCP/IP packet header or any part of the header information in any email or posting on the Site. Attempts to violate system or network security immediately terminate the permission or license granted by OMG and may result in civil and/or criminal liability.

6. TRADEMARKS

o-ma-god.com, OMG, and other OMG graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of OMG in the U.S. and/or other countries. OMG‘s trademarks and trade dress may not be used in connection with any product or service that is not OMG’s, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits OMG. All other trademarks not owned by OMG that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OMG.

OMG has no duty to monitor any materials posted, transmitted, or communicated to or with the Site. If you believe that something on the Site violates these Terms please contact our designated agent as set forth below.

If notified by a User of any materials which allegedly do not conform to these Terms, OMG may in its sole discretion investigate the allegation and determine whether to take any other actions or remove or request the removal of the Content. OMG has no liability or responsibility to Users for performance or nonperformance of such activities.

7. ELECTRONIC COMMUNICATION

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements notices, disclosure, and other communicates that we provide to you electronically satisfy any legal requirements that such communications be in writing.

8. COPYRIGHT

All content included on this Site, such as text, graphics, logos, icons, images, data compilations, and software, is the property of OMG or its content suppliers and protected by Germany and international copyright laws. The compilation of all content on this Site is the exclusive property of OMG and protected by Germany and international copyright laws. All software used on this Site is the property of OMG or its software suppliers and protected by Germany and international copyright laws.

9. PROHIBITED USES

Listing of available products on the Site may be used only for lawful purposes by Users of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, copyrighted image, or other proprietary information (including images, text, page layout, or form) of OMG without express written consent. You may not use any meta tags or any other “hidden text” utilizing OMG‘s name or trademarks without the express written consent of OMG. You agree not to sell or modify any content found on the Site including, but not limited to, names of Users and Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content, in any way for any public purpose, in connection with products or services that are not those of OMG, in any other manner that is likely to cause confusion among consumers, that disparages or discredits OMG or its licensors, that dilutes the strength of OMG‘s or its licensor’s property, or that otherwise infringes OMG’s or its licensor’s intellectual property rights. You further agree to in no other way misuse the Content that appears on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that OMG creates to generate or display any Content of the pages making up the Site is also protected by OMG‘s copyright, and you may not copy or adapt such code.

10. YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You also agree to not disclose any personally identifiable data, including, but not limited to, first and last names, credentials, or other information of a personal nature (“Personal Data”) obtained from the Site. Your disclosure of any Personal Data obtained from the Site may result in the immediate termination of your account. OMG further reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discretion.

OMG does not represent or guarantee the truthfulness, accuracy, or reliability of Content on the site, including Personal Data. Each User is responsible for updating and revising any relevant account information when necessary to maintain the truthfulness, accuracy, or reliability of the information.

11. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Registered Users of the Site may post reviews and comments of a product or service purchased via the Site, so long as the Content is not illegal, obscene, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain commercial solicitation, mass mailings, or any form of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise mislead as to the origin of the remarks. OMG reserves the right (but is not obligated) to remove or edit such Content, but does not regularly review posted Content.

If you post a review or submit comments, and unless OMG indicates otherwise, you grant OMG a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world, in any media. You grant OMG and sublicensees the right to use your name in connection with such Content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify OMG for all claims resulting from Content You supply. OMG has the right but not the obligation to monitor and edit or remove any activity or Content. OMG takes no responsibility and assumes no liability for any content posted by You or any third party.

12.WEB SITE LINKS AND THIRD-PARTY SITES

This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Site acts as a venue for Users to purchase unique products or services. Neither OMG nor the Site has control over the quality or fitness for a particular purpose of a product. OMG also has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted information and makes no representations or warranties about any information on the Site

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OMG ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OMG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OMG DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM OMG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OMG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCE SHALL OMG’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), EXCEED $100.

14. INDEMNITY

You agree to defend, indemnify, and hold harmless OMG, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from (i) any Content of other material You provide to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. OMG shall provide notice to You promptly of any such claim, suit, or proceeding.

15. APPLICABLE LAW

By using the Site, you agree that the laws of Germany, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and OMG.

16. DISPUTES

Any dispute relating in any way to Your visit to the Site or to services obtained through the Site shall be adjudicated in any state or federal court having jurisdiction over Berlin (Germany) and You consent to exclusive jurisdiction and venue in such courts.

17. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our Privacy Policy also posted on the Site. This policy also governs your use of the Site and is incorporated by reference as part of the Terms of Use for the Site. OMG reserves the right to make changes to the Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

18. OUR ADDRESS

CodePerform GmbH

Schwartzkopffstr. 11

10115 Berlin