Welcome to omkoon.com (the "Site"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("User" or "you") and STARCOM, a French sole proprietorship (auto-entrepreneur) operating under the trade name STARCOM ("STARCOM," "we," "us," or "our"), regarding your use of the Site and your purchase of the digital audio wellness files ("Products").
BY ACCESSING, BROWSING, OR USING THE SITE, OR BY PURCHASING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE TERMS OF USE. If you do not agree to these Terms, you must not access or use the Site or purchase the Products.
*** MEDICAL DISCLAIMER AND ACKNOWLEDGMENT ***
THE PRODUCTS (DIGITAL AUDIO FILES) AND THE INFORMATION ON THIS SITE ARE FOR EDUCATIONAL, RELAXATION, AND GENERAL WELLNESS PURPOSES ONLY.
THEY ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT.
You should always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking it because of something you have purchased or read on this Site. You agree that using our Products is entirely at your own risk and you assume full responsibility for any risks, known or unknown, associated with the use of the Products.
STARCOM makes no representation or warranty, expressed or implied, as to the completeness, accuracy, or suitability for any purpose of the Products.
1. Digital Product License and Intellectual Property Rights
Ownership: The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, graphics, images, video, and audio, and the design, selection, and arrangement thereof), and the Products, are owned by STARCOM and are protected by French, U.S., and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Strict Copyright Enforcement: All content available on the Site, including but not limited to all website text, graphics, images, video, and the digital audio files (Products), are the exclusive property of STARCOM and protected by copyright law. Any reproduction, redistribution, modification, public display, or performance of any part of the content, whether in whole or in part, without the express written permission of STARCOM, constitutes a direct infringement of copyright and proprietary rights. We reserve the right to seek all remedies available at law and in equity, including injunctive relief and recovery of monetary damages, for such infringement.
Limited License: Upon payment, we grant you a limited, non-exclusive, non-transferable, and revocable license to download and use the Products solely for your personal, non-commercial use. The license does not constitute a sale of the Products or any copy thereof.
Prohibited Uses: You must not, under any circumstances:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Products.
- Use the Products for any commercial purpose, including in professional workshops, classes, or public venues.
- Sell, resell, rent, lease, lend, or transfer the Products to any third party.
- Attempt to circumvent any digital rights management (DRM) or other copy protection measures associated with the Products.
2. Purchases and Refund Policy
Pricing and Payment: All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed.
Digital Goods Final Sale: Due to the nature of digital goods (immediate download), all sales of Products are **FINAL AND NON-REFUNDABLE**. You waive any right to a refund, except where required by applicable law in the event of a documented technical failure to deliver the Product.
3. Business Information and Legal Notices
Business Status: omkoon.com is operated by STARCOM, a sole proprietorship (auto-entrepreneur) registered in France. Our operation and legal notices are governed by French law, which is further detailed in the separate Legal Notices document.
No Personal Data Collection: We do not collect, store, or process any personally identifiable information (PII) from users of this Site. If you interact with third-party payment processors or services linked to the Site, their separate terms and privacy policies will apply. If this policy changes, we will update this document and publish a Privacy Policy.
4. Governing Law and Jurisdiction (U.S. & New York Specific)
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
Jurisdiction and Venue: Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the **federal courts of the United States or the courts of the State of New York, in each case located in New York City and the County of New York**, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence.
Limitation of Liability: In no event will STARCOM (including its owner) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site or the Products, including any direct, indirect, special, incidental, consequential, or punitive damages. **Our total liability to you for any damages shall not exceed the amount you paid for the Product(s) giving rise to the claim.**
5. Miscellaneous Provisions
Indemnification: You agree to defend, indemnify, and hold harmless STARCOM and omkoon.com from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Products.
Changes to the Terms of Use: We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
Waiver and Severability: No waiver by STARCOM of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Contact Information: All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [email protected].