Terms of Service
Effective Date: May 26, 2026 | Last Updated: May 26, 2026
IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER IN SECTION 15. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE USING THE PLATFORM.
Please read these Terms of Service ("Terms" or "Agreement") carefully before accessing or using the OmniBazaar platform ("Platform," "Software," or "Service"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Omni Administration Ltd., a Business Company incorporated under the laws of the British Virgin Islands, and its affiliated organization Omni Development DAO (collectively, "OMNI," "we," "us," or "our"). Omni Administration Ltd. is the contracting legal entity for purposes of this Agreement; Omni Development DAO is the operational and organizational structure through which the Platform is developed and maintained.
By accessing the Platform, creating an account, completing a transaction, or checking the acceptance box presented at registration or login, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue all use of the Platform.
1.Nature of OmniBazaar and the Platform
1.1Software Provider, Not a Merchant
Omni Development DAO is a software development organization. OmniBazaar provides a decentralized, peer-to-peer e-commerce and financial platform that enables independent users to list, discover, buy, and sell across a wide range of categories including physical goods, services, jobs and gigs, real estate, vehicles, digital assets, NFTs, AI-generated art, tokenized real-world assets (RWAs), and more. The Platform also provides access to a built-in decentralized exchange (CryptoBazaar), yield and DeFi products, prediction market aggregation, OmniCoin (XOM) staking, and community-operated infrastructure including escrow services and node operation. OMNI is not itself a buyer, seller, merchant, broker, auctioneer, agent, financial institution, or counterparty to any transaction. OMNI does not take title to, custody of, or any ownership interest in any goods, services, or assets listed or transacted through the Platform.
1.2No Endorsement
The presence of any listing, seller, buyer, product, or service on the Platform does not constitute an endorsement, recommendation, certification, or warranty by OMNI. OMNI does not vet, screen, approve, or endorse any user, listing, transaction, or third-party service provider.
1.3Marketplace Content
OMNI does not create or control the content of individual marketplace listings. All listing content, images, descriptions, prices, and terms are provided solely by the respective user who created the listing. OMNI bears no responsibility for the accuracy, completeness, legality, or quality of any listing content.
1.4DAO Branding and Legal Entity Clarification
The term "DAO" as used in "Omni Development DAO" is an organizational and descriptive designation reflecting the decentralized nature of the Platform's development community. It is not intended to create, and does not create a general partnership, joint venture, or unincorporated association between OMNI and any user or token holder. The contracting legal entity for purposes of this Agreement is Omni Administration Ltd., a registered BVI Business Company. No ownership of OmniCoin (XOM) or participation in the Platform confers governance rights over Omni Administration Ltd. or creates any partnership or agency relationship between a user and OMNI.
2.Eligibility
2.1Age Requirement
You must be at least eighteen (18) years of age to create an account or use the Platform in any capacity. By using the Platform, you represent and warrant that you meet this age requirement. OMNI reserves the right to terminate any account found to be in violation of this provision.
2.2Legal Capacity
You represent and warrant that you have the full legal capacity and authority to enter into this Agreement and to use the Platform in accordance herewith. If you are using the Platform on behalf of a business entity, corporation, partnership, or other organization, you represent and warrant that: (a) you are duly authorized to act on behalf of and to bind that entity to these Terms; (b) the entity has the legal capacity to enter into this Agreement; and (c) your acceptance of these Terms constitutes a binding obligation of that entity. In such cases, "you" as used throughout these Terms refers both to you individually and to the entity on whose behalf you are acting. OMNI may require you to provide evidence of your authority to act on behalf of an entity at any time.
2.3Jurisdictional Compliance
You represent and warrant that your use of the Platform does not violate any applicable law, regulation, or ordinance in your jurisdiction of residence or in any jurisdiction in which your transactions occur. Residents of certain jurisdictions may be subject to additional restrictions or may be prohibited from using certain features of the Platform. It is your sole responsibility to determine whether and to what extent your use of the Platform is lawful in your jurisdiction. OMNI makes no representation that the Platform or any feature thereof is legal, appropriate, or available in any particular jurisdiction.
2.4Sanctioned Persons and Jurisdictions
You represent and warrant that you are not a person or entity that is the subject of sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union, or any other applicable sanctions authority. You further represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive sanctions, including but not limited to Cuba, Iran, North Korea, Syria, Russia (with respect to applicable sanctions programs), or the Crimea, Donetsk, or Luhansk regions. Access to the Platform by sanctioned persons or from sanctioned jurisdictions is strictly prohibited.
3.User Responsibilities and Legal Compliance
3.1General Compliance
Users are solely responsible for ensuring that all activity conducted through the Platform -- including but not limited to buying, selling, trading, and any financial activity -- complies with all applicable local, national, and international laws, regulations, rules, and ordinances. OMNI is a software development entity and makes no representations regarding the legality of any particular transaction or activity in any jurisdiction. Users are also expected to conduct their own independent research and due diligence before interacting with any listing, token, digital asset, smart contract, yield product, or third-party service accessible through the Platform. OMNI makes no representation regarding the legitimacy, accuracy, safety, or value of any asset or listing displayed on the Platform, and users may not rely on the Platform's display of any item as a substitute for independent verification.
3.2Buyer Responsibilities
Each buyer is solely responsible for: (a) verifying that the purchase of any product or service is lawful in their jurisdiction; (b) complying with all applicable import, export, customs, tariff, and licensing requirements; (c) paying all applicable taxes, duties, tariffs, levies, and related governmental charges; and (d) ensuring that the receipt, possession, or use of purchased items complies with applicable law.
3.3Seller Responsibilities
Each seller is solely responsible for: (a) accurately representing all products and services offered; (b) ensuring that the listing and sale of any item is lawful in their jurisdiction and, to the extent reasonably ascertainable, in the buyer's jurisdiction; (c) complying with all applicable product safety, labeling, licensing, and regulatory requirements; (d) fulfilling orders as described in their listings; and (e) satisfying all applicable tax obligations arising from sales conducted through the Platform.
3.4Cross-Border Transactions
Transactions crossing international borders are subject to additional legal complexity, including but not limited to customs regulations, import and export controls, sanctions compliance, and varying consumer protection laws. Users engaging in cross-border transactions bear sole responsibility for compliance with all relevant regulations. OMNI makes no representations regarding the legality of cross-border transactions and expressly disclaims any responsibility therefor.
3.5Tax Obligations
Each user is solely responsible for determining and satisfying all tax obligations -- including income tax, sales tax, value-added tax (VAT), goods and services tax (GST), and any other applicable taxes or levies -- arising from their activity on the Platform. OMNI does not provide tax advice and is not responsible for collecting or remitting taxes on behalf of users. OMNI reserves the right to comply with any legally required tax reporting or withholding obligations, including but not limited to reporting requirements imposed by applicable tax authorities, and may share transaction data with tax authorities as required by law.
4.Prohibited Content and Conduct
4.1Prohibited Listings
Users may not list, offer, sell, or facilitate the sale of any of the following through the Platform:
- Illegal substances, controlled substances, or related paraphernalia prohibited under applicable law
- Counterfeit goods, pirated content, or items that infringe upon the intellectual property rights of any third party
- Stolen goods or goods obtained through unlawful means
- Counterfeit or fraudulent currency or financial instruments of any kind
- Weapons, firearms, ammunition, or related items in violation of applicable law
- Human trafficking, exploitation services, or any content facilitating harm to persons
- Child sexual abuse material or any content exploiting or endangering minors
- Any other product, service, or content that violates applicable law or regulation
4.2Prohibited Conduct
In addition to the listing prohibitions above, users may not:
- Impersonate any person, user, business, or entity, or falsely represent an affiliation with any person or entity
- Falsify records, credentials, licenses, permissions, certifications, or identities
- Mislead other users regarding the price, quality, condition, functionality, availability, or material characteristics of any product or service
- Attempt to gain unauthorized access to any component of the Platform, circumvent security measures, or exploit vulnerabilities in the Software
- Engage in any activity designed to artificially inflate, deflate, manipulate, or destabilize market prices, listings, or Platform functionality with malicious intent
- Manipulate the Platform's reputation or review system, including by: posting fake, incentivized, or duplicate reviews; soliciting reviews in exchange for compensation or preferential treatment; posting reviews on your own listings or transactions; or using multiple accounts or third parties to artificially inflate or deflate any user's reputation score
- Register, reserve, or claim any username or account identifier ("name squatting") with the intention of reselling it, misleading other users, impersonating a brand or person, or trading on the goodwill of another user or entity. OMNI reserves the right to reclaim, reassign, or terminate any account or username that it determines in its sole discretion to have been registered in bad faith
- Use multiple accounts to abuse Platform systems. Users may maintain more than one account for legitimate purposes -- for example, a separate account for a business identity and a personal identity, or multiple distinct storefronts. However, multiple accounts may not be used to: self-refer (attributing your own registration to another account you control to earn referral commissions); post fake or duplicate reviews; artificially inflate listing visibility; evade a prior account suspension or ban; or engage in any other conduct that uses multiple accounts to circumvent these Terms or gain an unfair advantage. OMNI reserves the right to terminate accounts found to be operating in violation of this provision
- Reverse engineer, decompile, disassemble, modify, redistribute, sublicense, or create derivative works from any component of the OmniBazaar Software without prior written approval from OMNI
- Use the Platform to transmit spam, unsolicited communications, malware, bots, scrapers, or any other harmful or disruptive content or automated systems
- Repeatedly delete and re-list the same item or bulk re-list items for the purpose of gaming listing visibility, search rankings, or feed placement. Listings may be refreshed or updated for legitimate reasons, but systematic manipulation of listing order or visibility through repeated deletion and re-posting is prohibited
- Harass, threaten, abuse, or engage in conduct that is harmful, disrespectful, or detrimental to other users or the broader community
- Conduct any off-platform transaction that was initiated through the Platform as a means of circumventing fees, escrow, or dispute resolution
- Post job listings or employment-related content that violates applicable equal employment opportunity laws, including laws prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, or other protected characteristics. This obligation applies regardless of the jurisdiction in which the listing is posted or viewed
- Post real estate or housing listings that violate applicable fair housing laws, including laws prohibiting discriminatory advertising, steering, or refusal to rent or sell based on protected characteristics. This obligation applies regardless of the jurisdiction in which the listing is posted or viewed
- Use counterfeit currency or facilitate the exchange of counterfeit financial instruments in any form
4.3Off-Platform Transactions
Any transaction arranged through the Platform but conducted outside of it is undertaken entirely at the user's own risk. OMNI bears no responsibility for disputes, fraud, non-delivery, or any other issue arising from off-platform transactions. Users are strongly advised to conduct all transactions through the Platform's built-in infrastructure.
4.4User Communications and Messaging
To the extent the Platform provides messaging or communication features between users, OMNI is not responsible for the content of any user-to-user communications. Users may not use Platform messaging to conduct fraud, harassment, deception, solicitation of off-platform transactions, or any other activity that violates these Terms or applicable law. Because user messaging on the Platform is end-to-end encrypted, OMNI does not have the technical ability to access, review, or retain the content of user-to-user messages. Users who experience harassment or harmful communications through the Platform should use the in-app reporting tools to flag the relevant account or behavior.
4.5Reporting Obligation
Users are expected to report any harmful, unlawful, or suspicious activity observed on the Platform through the reporting mechanisms provided within the Platform interface. The Platform uses a community-based reporting system: when a listing or account accumulates a sufficient threshold of genuine user reports, it may be automatically restricted or removed pending review. This automated process is a first-line moderation mechanism and does not constitute a final determination by OMNI. Users who believe their content was incorrectly removed through automated reporting may submit a review request through the Platform's support channels. OMNI reserves the right -- but not the obligation -- to investigate and act upon reported activity in its sole discretion, and bears no liability for content that is not reported or not removed.
4.6Accurate Brand Representation
Users must accurately represent their brand, business identity, and offerings on the Platform. This includes using their registered company or trade name, providing truthful and complete product descriptions, and using non-deceptive imagery or branding.
4.7Imported Listing Data and Third-Party Integrations
The Platform allows users to import listings from third-party platforms and aggregates data from external sources through technical integrations. Any data sourced from third-party platforms through such integrations -- including listing details, prices, availability, descriptions, and token price data -- is provided on an as-is basis and may be inaccurate, incomplete, outdated, or unavailable. OMNI makes no representation regarding the accuracy or currency of imported or aggregated third-party data and is not responsible for any loss or decision made in reliance on such data. Users who import listings from third-party platforms are responsible for ensuring the accuracy and completeness of the imported content before it is published on the Platform, and for ensuring compliance with the terms of service of the originating platform.
5.Fees, Transactions, and Payment
5.1Platform Service Fee
While OmniBazaar is free to join and free to list on, OMNI collects a platform service fee on completed transactions. The default transaction fee is currently set at one percent (1%) of the completed transaction value, paid by the seller. A portion of this fee is distributed to the OmniBazaar community ecosystem, including node operators, staking participants, and, where applicable, referral participants, in accordance with the fee distribution structure described on the Platform. By using the Platform and completing transactions, users expressly consent to the collection and processing of these fees.
5.2Fee Changes
OMNI reserves the right to introduce, modify, or remove fees at any time, including the introduction of fees for features or access that are currently provided at no charge. OMNI will provide advance notice to users prior to implementing any material changes to the fee structure. Continued use of the Platform following such notice constitutes acceptance of the revised fee structure.
5.3Third-Party Transaction Costs
OMNI is not responsible for any fees, costs, or charges imposed by third parties in connection with transactions conducted through the Platform. These include but are not limited to credit card processing fees, cryptocurrency network fees (commonly referred to as "gas fees"), blockchain congestion charges, overdraft fees, or fees imposed by any third-party payment processor or wallet provider. Such costs are solely the responsibility of the user. Transactions executed natively on the OmniCoin (XOM) network may be gasless, with network fees sponsored by the Platform's relayer infrastructure; OMNI does not guarantee the continued availability of gasless transactions and may modify or discontinue gas sponsorship at any time.
5.4Noncustodial Nature
OmniBazaar is a noncustodial Platform. OMNI does not hold, manage, control, or have access to user funds, wallets, or assets at any time. Users retain full custody and control of their digital assets. OMNI cannot reverse, cancel, or facilitate recovery of any transaction once completed on-chain.
5.5Cash and Credit Card Transactions
The Platform may, where and when such functionality is made available, support transactions in cash, credit card, and other non-cryptocurrency payment methods in addition to digital assets. Where such payment methods are offered, cash and credit transactions are subject to the same escrow, dispute resolution, and fee structures as cryptocurrency transactions. Users conducting cash or credit transactions accept the same risks as those conducting cryptocurrency transactions with respect to counterparty conduct, delivery of goods and services, and platform disclaimers. OMNI is not responsible for the conduct of payment processors, card networks, or financial institutions involved in processing non-cryptocurrency payments, and is not liable for failed, reversed, or disputed payments initiated through those channels.
5.6Third-Party Wallet Providers
Users may interact with the Platform through OmniBazaar's own noncustodial embedded wallet and browser-extension wallet, or through compatible third-party noncustodial wallet providers, which may include but are not limited to MetaMask, WalletConnect, and similar services. Regardless of which wallet a user chooses, OMNI never holds, controls, or has access to user keys or funds. These wallet providers operate under their own terms of service and privacy policies, which are independent of and not governed by these Terms. OMNI is not responsible for the conduct, security, availability, or terms of any third-party wallet provider. Users should independently review the terms and privacy practices of any wallet provider they use in connection with the Platform.
5.7External Disruptions
OMNI is not liable for delays, failures, or losses arising from circumstances outside its reasonable control, including but not limited to network congestion or outages, blockchain network delays or failures, payment processor holds or failures, or other external disruptions.
5.8Refunds
OMNI does not issue refunds for platform service fees or other platform-related charges. Any questions regarding refunds for goods or services purchased through the Platform are a matter solely between the buyer and the seller, and, if applicable, any escrow arrangement mutually agreed upon by those parties. OMNI has no role in and bears no responsibility for buyer-seller refund disputes.
5.9Priority Listings
Sellers may elect to promote their listings through the Platform's Priority Listing feature for an additional fee. Priority Listing fees follow the same distribution ratio as standard transaction fees. OMNI makes no guarantee that Priority Listings will result in increased sales or visibility beyond the enhanced placement provided.
5.10Promotional Programs and Incentive Rewards
OMNI may offer promotional programs, incentive rewards, and bonus structures from time to time, including but not limited to: welcome bonuses for new users upon account verification, OmniCoin (XOM) rewards for early platform participants, liquidity provider rewards, node operator incentives, staking rewards, referral commissions, and other participation-based incentives. Each such program is subject to its own eligibility requirements, terms, and conditions, which will be published on the Platform and are incorporated into these Terms by reference. OMNI reserves the right to create, modify, suspend, or terminate any promotional program or incentive structure at any time, including changing the reward amounts, eligibility criteria, or distribution mechanics. Users will be notified in advance of any material changes to active promotional programs or incentive structures. Participation in any promotional program does not guarantee any particular reward amount or continued availability of the program. Rewards distributed in OmniCoin (XOM) or other digital assets are subject to the financial risks described in Section 12 of these Terms.
5.11Node Operators
Users who elect to operate listing nodes, validator nodes, or other network infrastructure on behalf of the OmniBazaar platform ("Node Operators") provide services that support the decentralized operation of the Platform. Node Operators are independent participants and are not employees, contractors, or agents of OMNI. Node Operators earn rewards in accordance with the Platform's reward distribution structure as described in the Platform documentation. Node operation may be subject to separate Node Operator terms and conditions published on the Platform, which are incorporated into these Terms by reference. OMNI reserves the right to modify node reward structures, participation requirements, and technical specifications at any time. Node Operators assume all technical, financial, and regulatory risks associated with operating network infrastructure, including risks arising from network downtime, protocol changes, and applicable law in their jurisdiction.
6.Referral Program
6.1Automatic Enrollment
Upon creating an account on the Platform, each user is automatically assigned a unique referral link and referral code. No separate opt-in or application is required. By creating an account and accepting these Terms, users acknowledge and consent to their participation in the OmniBazaar referral program on the terms described in this Section.
6.2Referral Commission Structure
When a new user registers on the Platform and attributes their registration to an existing user (the "Referring User"), the Referring User becomes eligible to earn referral commissions. Referral commissions are calculated as 0.35% of the transaction value of each completed sale made by the referred user, paid from the seller-side transaction fee collected by the Platform. Referral commissions are triggered only by completed sales and are not earned on purchases, listing activity, or account registrations alone. No commission is earned for the act of referring a user; commissions are earned solely on the completed sales activity of referred users. The referral program is not a recruitment compensation structure and does not reward participation based on the number of users referred.
6.3Two-Tier Structure
The referral program operates on a two-tier structure. A Referring User earns commissions on the sales of users they directly referred (Tier 1). A Referring User may also earn an additional commission tier on the sales of users referred by their direct referrals (Tier 2), in accordance with the rates published on the Platform. This structure is intended to reward community growth and active seller participation.
6.4Noncustodial Payout
Referral commissions are distributed automatically and noncustodially at the moment a qualifying sale is completed on-chain. OMNI does not hold, aggregate, or manually distribute referral earnings. Commissions are paid directly and instantly to the Referring User's wallet in the currency of each completed transaction. OMNI has no ability to reverse, adjust, or recover referral payments once distributed.
6.5No Guarantee of Earnings
Participation in the referral program does not guarantee any particular level of earnings. Referral commissions are contingent upon the sales activity of referred users, which OMNI does not control. The referral program is subject to change, modification, or discontinuation at any time upon notice to users.
7.Escrow Services
7.1Buyer Protections
OmniBazaar provides buyers with the following protections and tools: (a) a community-operated escrow service that is applied by default to all transactions and holds funds until both parties confirm successful completion of a transaction; (b) a community reputation and review system that provides transparency into seller history and transaction outcomes; and (c) a community arbitration process for disputes where escrow has been used. These protections are tools provided for users' benefit and are not guarantees of any particular outcome. OMNI does not operate a buyer guarantee program and does not refund, compensate, or intervene in transactions on buyers' behalf. Buyers who wish to maximize their protection are strongly encouraged to use the escrow service for any transaction with an unfamiliar counterparty.
7.2Community Escrow Agents
OmniBazaar applies a community-operated escrow service by default to marketplace transactions. Escrow is currently enabled for all transactions as a platform-level protection for buyers and sellers. A future platform update will allow users to opt out of escrow through their account settings; until that option is available, escrow applies automatically to completed transactions. Escrow services are provided not by OMNI, but by independent community members who have elected to serve as escrow agents on the Platform ("Escrow Agents"). OMNI does not select, vet, supervise, or guarantee the performance of any Escrow Agent.
7.3Noncustodial Escrow
The escrow system is fully noncustodial. OMNI does not at any point hold, control, or have access to funds placed in escrow. Escrowed funds are held and released according to the terms agreed upon between the buyer, seller, and Escrow Agent. OMNI receives no portion of escrow fees. Escrow Agents are compensated directly from a fee applied to the transaction upon successful close, paid by the seller.
7.4No OMNI Liability Regardless of Escrow Use
OMNI bears no liability for any outcome in a transaction, regardless of whether escrow was used.
7.5OMNI Not a Party
OMNI is not a party to any escrow arrangement, is not an escrow agent, and assumes no liability for the performance, breach, or dispute resolution of any escrow transaction. Any disputes related to escrow outcomes are solely between the buyer, seller, and relevant Escrow Agent.
8.Shipping, Delivery, and Fulfillment
8.1Seller Obligation
It is the sole responsibility of the seller to ensure that any physical product sold through the Platform is shipped, delivered, and received by the buyer in the condition and within the timeframe described in the listing. OMNI is not a party to any shipping or fulfillment arrangement and has no role in the logistics of physical goods delivery.
8.2No OMNI Liability
OMNI bears no responsibility for shipping delays, losses, damage in transit, customs seizures, incorrect deliveries, or any other fulfillment-related issues. OMNI is not a manufacturer, distributor, supplier, or retailer of any goods sold through the Platform, and makes no warranty of merchantability or fitness for purpose with respect to any listed item. Any disputes regarding shipping and delivery are solely between the buyer, the seller, and, where applicable, any third-party shipping provider.
9.Account Security and Data
9.1User Responsibility for Account Access
You are solely responsible for maintaining the security and confidentiality of your account credentials, including your username, password, and any associated seed phrase, private key, or recovery information. OMNI does not store your password, private keys, or recovery credentials and cannot assist you in regaining access to an account for which you have lost credentials.
9.2No Account Recovery
As a noncustodial, privacy-respecting Platform, OmniBazaar does not collect or store sufficient personal user data to facilitate account recovery. If you lose access to your account credentials, access to your registered email address, or your wallet's private key or seed phrase, you may permanently lose access to your account and any associated assets. This risk is expressly acknowledged and accepted by you as a condition of using the Platform.
9.3Data Collection and Use
While OmniBazaar is designed to minimize data collection, OMNI reserves the right to collect, store, and process data to the extent reasonably necessary to operate, maintain, secure, and improve the Platform; to detect and prevent fraud or abuse; and to comply with applicable legal obligations. OMNI does not sell user data to third parties. For further detail on data practices, please refer to the OmniBazaar Privacy Policy, which is incorporated herein by reference and available at omnibazaar.com.
9.4Law Enforcement Cooperation
OMNI reserves the right to cooperate with law enforcement agencies, regulatory authorities, and government bodies in connection with any investigation or legal proceeding. OMNI may disclose user information, transaction data, or account activity to the extent required by applicable law, court order, or lawful governmental request. OMNI also reserves the right to preserve evidence related to potential violations of these Terms or applicable law.
9.5Blockchain Transparency
Users acknowledge that transactions conducted on the OmniCoin blockchain and other supported public blockchain networks are recorded on a public, immutable ledger. Blockchain transaction data, including wallet addresses and transaction amounts, is publicly visible and cannot be altered or deleted by OMNI or any other party.
9.6Security Incidents
In the event you believe your account has been compromised or subjected to unauthorized access, you should take immediate steps to secure your credentials and notify OMNI through the designated support channels. OMNI will make reasonable efforts to investigate and respond but cannot guarantee any particular outcome or restoration of access.
9.7Electronic Communications
By creating an account on the Platform, you consent to receive electronic communications from OMNI. These communications may include: (a) transactional and account-related notices, such as security alerts, ToS updates, and support responses, which are necessary for the operation of the Platform and cannot be opted out of while your account remains active; and (b) promotional communications, including platform announcements, new feature updates, and marketing materials, which you may opt out of at any time through your account settings or by following the unsubscribe instructions included in any such communication. Opting out of promotional communications does not affect your receipt of transactional notices. OMNI will not send promotional communications to users who have opted out, except as required for legal or safety purposes. By using the Platform, you also consent to receive communications via the contact information associated with your account, including for legal notice purposes as described in Section 24.7.
10.Intellectual Property
10.1OMNI Intellectual Property
Omni Administration Ltd. and Omni Development DAO hold all rights, title, and interest in and to the OmniBazaar Software, Platform, source code, design interface, layout, name, logo, trademarks, service marks, trade dress, and all other intellectual property associated with the Platform ("OMNI IP"), including without limitation any patents and trademarks held by OMNI and its principals. Nothing in these Terms grants users any license to use, reproduce, modify, distribute, or create derivative works of OMNI IP, except as expressly and narrowly permitted herein.
10.2User Content License
By submitting, uploading, or otherwise making available any content, listing, image, trademark, branding, or other material ("User Content") on the Platform, you grant OMNI a non-exclusive, royalty-free, worldwide license to display, reproduce, and transmit such User Content solely as necessary to operate and provide the Platform's features, including displaying your listings to other users. OMNI makes no claim of ownership over User Content and will not use User Content beyond what is reasonably necessary to display it on the Platform.
10.3Third-Party IP
Users are solely responsible for ensuring that any content they submit to the Platform does not infringe upon the intellectual property rights of any third party. OMNI reserves the right to remove any listing or content that it believes, in its sole discretion, may constitute an infringement of third-party intellectual property rights.
10.4Reverse Engineering Prohibition
Users may not reverse engineer, decompile, disassemble, adapt, translate, scrape, or attempt to derive the source code of any proprietary portion of the OmniBazaar Software without the prior written consent of OMNI. Any unauthorized reproduction or redistribution of the Software is strictly prohibited and may result in civil and/or criminal liability. This prohibition applies to automated scraping, bots, and any other systematic extraction of Platform data.
10.5Limited License to Use the Platform
Subject to your compliance with these Terms, OMNI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purposes. This license does not include any right to sublicense, resell, or commercially exploit any component of the Platform or OMNI IP.
10.6Feedback and Suggestions
OMNI welcomes feedback, suggestions, ideas, feature requests, and comments about the Platform ("Feedback"). By submitting Feedback to OMNI through any channel, you assign to OMNI all rights, title, and interest in and to that Feedback, including all intellectual property rights. OMNI may use, implement, modify, and commercialize any Feedback without restriction, compensation, attribution, or further notice to you. You represent that any Feedback you submit is original to you and does not infringe the rights of any third party. Feedback does not grant you any ownership interest in the Platform or any feature thereof.
11.Predictions Market Aggregator
11.1Aggregator Role Only
The OmniBazaar Predictions feature is an informational aggregation tool. OmniBazaar does not operate a prediction market, does not create or list event contracts, and is not the counterparty to any event contract. OmniBazaar may route user orders to Third-Party Prediction Platforms and aggregates and displays their market data. The Predictions tab aggregates and displays data from third-party prediction market platforms and exchanges ("Third-Party Prediction Platforms"). OmniBazaar is not a party to any prediction market trade or event contract, has no control over the markets displayed, and does not determine their terms, outcomes, or resolution.
11.2Revenue from Aggregation
OMNI may earn revenue in connection with the display of third-party prediction market data, including through referral arrangements, display fees, or similar commercial arrangements with Third-Party Prediction Platforms. The existence of such arrangements does not make OMNI an operator of those markets, a counterparty to any trade, or a regulated entity with respect to such markets solely by reason of that revenue.
11.3Highly Regulated and Legally Uncertain Activity
Prediction markets and event contracts represent one of the most rapidly evolving and legally unsettled areas of financial regulation globally. Users must understand the following before engaging with any prediction market activity referenced on the Platform:
- In the United States, event contracts may be regulated by the Commodity Futures Trading Commission (CFTC) under the Commodity Exchange Act (CEA). The legal status of prediction market activity varies significantly depending on the type of contract, the platform on which it is traded, and the user's jurisdiction. Federal and state laws may conflict, and users in certain U.S. states may face additional restrictions or prohibitions.
- Outside the United States, the legal status of prediction market participation varies widely by country. Some jurisdictions treat such activity as regulated financial trading; others classify it as gambling; others have no specific framework. As of the date of these Terms, no international jurisdiction has implemented a comprehensive, bespoke regulatory regime for prediction markets.
- Regulatory treatment of prediction markets is actively changing. Recent litigation, CFTC rulemaking, and state-level enforcement actions have created a rapidly shifting legal landscape. What is permissible today in a given jurisdiction may be restricted or prohibited in the future.
- Prediction market contracts are all-or-nothing instruments. They carry a risk of total loss of any amount committed to a position. They are not suitable for all users and should not be engaged with using funds a user cannot afford to lose entirely.
- Markets aggregated on the Platform may involve sports outcomes, political events, economic indicators, and other subjects. Some of these markets may be subject to laws or regulations addressing insider trading, market manipulation, or the use of material non-public information. Users are solely responsible for ensuring their participation complies with applicable laws, including securities and commodities laws.
11.4No OMNI Liability for Prediction Market Activity
OMNI bears no responsibility whatsoever for the outcome of any prediction market trade, the resolution of any event contract, the accuracy of any market data displayed, the solvency or regulatory compliance of any Third-Party Prediction Platform, or any loss suffered by a user in connection with prediction market activity. Users access third-party prediction markets entirely at their own risk. OMNI's display of aggregated prediction market data does not constitute a recommendation, endorsement, or facilitation of any particular trade or position.
11.5Jurisdictional Self-Responsibility
It is each user's sole responsibility to determine whether accessing, viewing, or acting upon prediction market data displayed on the Platform is lawful in their jurisdiction. Users located in jurisdictions where prediction market participation is prohibited or restricted must not use the Predictions feature. By accessing the Predictions tab, users represent and warrant that doing so is lawful in their jurisdiction.
12.Financial Features, Crypto, and Risk Disclosure
12.1Scope of Financial Features
In addition to its core marketplace, OmniBazaar offers or aggregates access to financial features including but not limited to a decentralized exchange (DEX) supporting spot trading and token swaps, liquidity provision, yield products, and tokenized real-world assets (RWAs). Certain features, including perpetual futures trading, may be introduced in the future and, where offered, will be subject to the jurisdictional restrictions described in this Section. These features involve substantial financial risk and are subject to complex and evolving regulatory frameworks. Access to certain financial features may be restricted based on the user's jurisdiction. It is each user's sole responsibility to determine whether access to and use of any financial feature of the Platform is lawful in their jurisdiction. OMNI reserves the right to restrict, limit, or disable access to any financial feature for users in any jurisdiction at any time, with or without notice, in response to applicable law, regulatory guidance, or legal risk.
12.2Not Investment Advice
Nothing on the Platform constitutes investment advice, financial advice, trading advice, legal advice, or any other form of professional advice. OMNI does not recommend or endorse the purchase, sale, or holding of any digital asset, token, financial instrument, or position. Users are solely responsible for their own investment decisions and should seek independent professional advice before engaging with any financial feature of the Platform.
12.3No Securities Endorsement
OMNI does not represent that any token, digital asset, or instrument available through or referenced on the Platform is or is not a security under any applicable law. Users are solely responsible for determining the regulatory classification of any asset in their jurisdiction and for complying with all applicable securities laws. The availability of an asset on the Platform does not constitute a determination by OMNI of its legal status.
12.4OmniCoin (XOM) and Platform Tokens
OmniBazaar's native token, OmniCoin (XOM), and other digital assets (including, but not limited to, platform tokens and tokenized assets) are subject to extreme price volatility, limited liquidity, and significant regulatory uncertainty. Holding or transacting in XOM or other digital assets carries a risk of partial or total loss. OMNI does not guarantee the value, utility, or continued availability of XOM or any other digital asset referenced on the Platform.
12.5Noncustodial Wallet and Blockchain Risk
Users interact with the Platform through their own noncustodial wallets. OMNI does not hold custody of any user funds or digital assets. Users assume all risks associated with the use of noncustodial wallets, including but not limited to: loss of private keys or seed phrases, smart contract vulnerabilities, blockchain network failures or forks, phishing attacks, cyberattacks, and the irreversibility of on-chain transactions. OMNI has no ability to reverse, cancel, or recover any on-chain transaction under any circumstances.
12.6Assumption of Financial Risk
By using any financial feature of the Platform, users expressly acknowledge and assume all risks inherent in such activity, including but not limited to: price volatility, total loss of funds, smart contract risk, liquidity risk, counterparty risk, regulatory risk, and the risk of platform suspension or discontinuation. Speculative financial activities -- including but not limited to trading, futures, liquidity provision, staking, and prediction markets -- carry substantial financial risk and should be undertaken only with funds the user can afford to lose entirely. For a full description of material risks associated with the Platform's financial features, users should review the OmniBazaar Risk Disclosure Statement, which is incorporated herein by reference.
12.7Unverified Tokens and Digital Assets
Tokens and digital assets displayed or tradeable on the Platform may include assets that are unverified, fraudulent, counterfeit, worthless, or otherwise not as represented by their issuers. OMNI does not verify, audit, endorse, or certify any token, digital asset, smart contract, or issuer listed or accessible on the Platform. The display of any token or asset on the Platform does not constitute a representation by OMNI regarding its legitimacy, value, safety, or legal status. Users are solely responsible for independently verifying the authenticity, contract address, and legitimacy of any asset before interacting with it. Scam tokens, honeypot contracts, and fraudulent assets are a known risk in the digital asset ecosystem, and OMNI accepts no liability for losses arising from interaction with such assets.
12.8NFTs and AI-Generated Digital Art
The Platform provides access to a marketplace for non-fungible tokens (NFTs) and AI-generated digital artwork. Users who list, buy, or sell NFTs or AI-generated art on the Platform should be aware of the following: (a) NFTs are unique digital assets recorded on a blockchain and may have no intrinsic value beyond what the market assigns to them; trading volumes for speculative NFTs have historically been highly volatile and may decline to zero; (b) OMNI does not verify the authenticity, provenance, originality, or copyright status of any NFT or AI-generated artwork listed on the Platform; users are solely responsible for ensuring that any content they mint or list does not infringe third-party intellectual property rights; (c) AI-generated content occupies an evolving and legally unsettled area of copyright law; in many jurisdictions, AI-generated works may not qualify for copyright protection, and the rights of persons who prompted or curated such works are not clearly established; users list and transact in AI-generated content at their own legal risk; (d) NFT smart contracts may include royalty provisions enforceable on-chain; OMNI makes no representation regarding the enforceability of any royalty structure on any supported blockchain; (e) the value of any NFT or digital artwork listed on the Platform may decline rapidly and without warning; OMNI accepts no liability for losses arising from NFT or digital art transactions.
12.9MEV, Front-Running, and Blockchain Execution Risk
Users of the Platform's DEX and financial features should be aware that decentralized blockchain transactions are subject to Maximal Extractable Value (MEV) exploitation, including front-running and sandwich attacks. MEV refers to profit extracted by third-party actors -- including automated bots -- who monitor pending blockchain transactions and insert their own transactions to profit at the expense of the original user. In a sandwich attack, a bot detects a pending trade, executes a buy order ahead of it to inflate the price, allows the user's trade to execute at the inflated price, then immediately sells -- resulting in the user receiving a worse execution price than expected. OMNI does not control the public blockchain mempool and has no ability to prevent MEV extraction by third-party actors. Users should be aware of this risk and may wish to use MEV-protection tools, set appropriate slippage tolerances, or use private transaction submission methods where available. OMNI accepts no liability for losses arising from MEV exploitation, front-running, sandwich attacks, or related blockchain execution risks.
13.Anti-Money Laundering and Sanctions Compliance
13.1AML Policy
OMNI is committed to preventing the use of the Platform for money laundering, terrorist financing, or any other illicit financial activity. Users are prohibited from using the Platform in any manner that violates applicable anti-money laundering (AML) laws, regulations, or guidelines, including but not limited to the U.S. Bank Secrecy Act, the EU Anti-Money Laundering Directives, and equivalent laws in other jurisdictions.
13.2Prohibited Financial Activity
Users may not use the Platform to:
- Launder money or conceal the proceeds of criminal activity
- Structure transactions to evade reporting requirements
- Facilitate the financing of terrorism or other violent extremism
- Conduct transactions on behalf of or for the benefit of sanctioned persons or entities
- Use the Platform in any manner intended to circumvent applicable financial regulations
13.3OFAC and Sanctions Compliance
OMNI complies with applicable sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC) and equivalent authorities in other jurisdictions. OMNI reserves the right to block, freeze, suspend, or terminate accounts or transactions that it reasonably believes involve sanctioned persons, sanctioned jurisdictions, or activity prohibited under applicable sanctions programs. OMNI may take such action without prior notice and without liability to the affected user.
13.4Right to Request Verification
OMNI reserves the right to request identity verification from any user at any time, including but not limited to where required by applicable law or where OMNI has reason to believe that verification is necessary to prevent fraud, money laundering, or sanctions violations. Failure to provide requested verification may result in suspension or termination of account access.
13.5No Money Transmission
OMNI does not hold, transmit, or control user funds and does not operate as a money services business (MSB), money transmitter, or payment institution. All transactions on the Platform occur peer-to-peer through noncustodial blockchain infrastructure. OMNI is not a counterparty to any financial transaction conducted through the Platform.
13.6Cooperation with Authorities
OMNI reserves the right -- and, where legally required, the obligation -- to report suspicious activity, provide transaction records, and otherwise cooperate with financial regulatory authorities, law enforcement agencies, and government bodies in connection with AML, sanctions, or other financial compliance investigations.
14.Disclaimers and Limitation of Liability
14.1Platform Provided "As Is"
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OMNI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
14.2No Warranty of Continuous Availability
OMNI does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses, bugs, or other harmful components. OMNI reserves the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice (except as provided in Section 5.2 with respect to fee changes), and without liability to any user.
14.3Marketplace Transactions
OMNI is not responsible for the conduct, quality, safety, legality, or any other aspect of any transaction between users. OMNI is not a manufacturer, distributor, supplier, retailer, or agent with respect to any goods or services listed on the Platform. Any disputes arising from marketplace transactions are solely between the parties to those transactions.
14.4Disclaimer of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMNI, ITS PRINCIPALS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OMNI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.5Aggregate Liability Cap
TO THE EXTENT THAT ANY LIABILITY OF OMNI IS NOT FULLY EXCLUDED BY THE PROVISIONS ABOVE, OMNI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO OMNI IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
14.6Jurisdictional Variations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. If you are located in such a jurisdiction, some of the exclusions and limitations in this Section may not apply to you to the extent prohibited by law. In such cases, OMNI's liability will be limited to the fullest extent permitted by applicable law in your jurisdiction.
15.Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court and your right to participate in a class action.
15.1Platform-Level Disputes
For disputes arising between users in connection with a marketplace transaction -- including disputes between buyers and sellers -- users are encouraged to first seek resolution through the Platform's community escrow and arbitration infrastructure. OMNI is not a mediator, arbitrator, or dispute resolution service and has no obligation to resolve disputes between users.
15.2Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with OMNI that cannot be resolved through good-faith negotiation shall be finally determined by binding arbitration under the Arbitration Rules of the BVI International Arbitration Centre (BVI IAC) by a single arbitrator. Before initiating arbitration, the party seeking resolution must first provide written notice of the dispute to the other party by email to support@omnibazaar.com (for notices to OMNI) or to the email address associated with the user's account (for notices to a user), and engage in good-faith negotiation for a period of not less than thirty (30) days from the date of that notice. If the dispute remains unresolved after that period, either party may proceed to arbitration. The seat of arbitration shall be the British Virgin Islands. The language of arbitration shall be English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.3Class Action Waiver
YOU AND OMNI EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator finds that this class action waiver is unenforceable in a particular case, then this arbitration provision shall not apply to that case and the dispute shall proceed in a court of competent jurisdiction in the British Virgin Islands. This waiver does not apply to the extent prohibited by applicable law in your jurisdiction; however, in such cases the remainder of this Section continues in full force and effect.
15.4Jury Trial Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OMNI EACH WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM.
15.5Exceptions
Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights, unauthorized use of confidential information, or other irreparable harm. Seeking such relief shall not constitute a waiver of either party's rights under this Section.
15.6Governing Law for Arbitration
The arbitration agreement in this Section is governed by the laws of the British Virgin Islands. The BVI IAC Rules in effect at the time a notice of arbitration is submitted shall apply.
16.Indemnification
You agree to indemnify, defend, and hold harmless Omni Administration Ltd., Omni Development DAO, and their respective principals, officers, employees, contractors, affiliates, and agents (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Platform or any feature thereof
- Your violation of these Terms or any applicable law or regulation
- Any content, listing, or material you submit to the Platform
- Any transaction you enter into through the Platform
- Your violation of the intellectual property or other rights of any third party
- Any regulatory fines, penalties, or enforcement actions arising from your activity on the Platform
- Any claim by a third party arising from goods or services you sold or purchased through the Platform
- Any fraud, misrepresentation, or illegal conduct committed by you in connection with your use of the Platform
This indemnification obligation survives termination of these Terms and your use of the Platform. In addition to the indemnification obligations above, and to the maximum extent permitted by applicable law, you hereby release OMNI, Omni Administration Ltd., and their respective principals, officers, employees, and agents from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in connection with any dispute between you and any other user of the Platform, including disputes between buyers and sellers, between referrers and referred users, or between any other Platform participants. If you are a California resident, you expressly waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected their settlement with the debtor or released party."
17.Account Suspension and Termination
17.1OMNI's Right to Terminate
OMNI reserves the right, in its sole discretion, to suspend, restrict, or permanently terminate any user account or remove any listing from the Platform at any time. For serious violations -- including but not limited to fraud, illegal activity, sanctions violations, harassment, or conduct posing an immediate risk to users or the Platform -- OMNI may act immediately and without prior notice. For ordinary violations of these Terms that do not involve the foregoing, OMNI will endeavor to provide reasonable notice before taking action, except where doing so would compromise a fraud investigation, violate applicable law, or enable harm to continue. OMNI has no general obligation to provide an explanation for enforcement actions; however, to the extent required by applicable law in a user's jurisdiction -- including the European Union's Digital Services Act (DSA) -- OMNI will provide a statement of reasons for enforcement actions, including the factual basis, the rule relied upon, and information about available recourse, to the extent required by and in accordance with applicable law.
17.2Effect of Termination
Upon termination of your account, your right to access and use the Platform immediately ceases. OMNI shall have no liability to you for any consequences of account suspension or termination, including any loss of access to your account, listings, data, or assets. Because the Platform is noncustodial, termination of your account does not affect your ownership of or access to any digital assets held in your personal wallet.
17.3User-Initiated Termination
You may discontinue your use of the Platform at any time. Termination of your account does not relieve you of any obligations or liabilities that arose prior to termination, including any indemnification obligations.
17.4Automated Enforcement
OMNI may use automated systems, algorithms, or software tools to detect violations of these Terms, identify suspicious activity, flag potentially harmful content, and take or recommend enforcement actions, including account restriction or listing removal. Where an enforcement action is based solely or primarily on automated processing and has a significant effect on a user's access to the Platform, OMNI will, to the extent required by applicable law (including GDPR Article 22 for EEA users), provide the user with the ability to request human review of the automated decision. Requests for human review may be submitted through the Platform's support channels.
18.Amendments to These Terms
OMNI reserves the right to modify, update, or replace these Terms at any time. When material changes are made, OMNI will provide notice to users through one or more of the following methods: a prominent notice displayed within the Platform interface, a notification through the contact information associated with your account, or an updated "Last Updated" date at the top of this document. Your continued use of the Platform following the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue your use of the Platform. It is your responsibility to review these Terms periodically for updates.
19.Force Majeure
OMNI shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond OMNI's reasonable control, including but not limited to: acts of God; natural disasters; fire, flood, earthquake, or severe weather; epidemic or pandemic; war, terrorism, civil unrest, or armed conflict; governmental action, regulation, sanctions, or legislation; blockchain network failures, forks, or protocol-level disruptions; widespread internet or infrastructure outages; cyberattacks, distributed denial-of-service attacks, or other malicious third-party acts; or failure of third-party service providers or platforms. In such circumstances, OMNI's obligations will be suspended for the duration of the relevant event, and OMNI will not be deemed in breach of these Terms by reason of such suspension.
20.Dissolution and Wind-Down
20.1No Guarantee of Continued Operations
OMNI does not guarantee the indefinite availability or continued operation of the Platform. OMNI reserves the right to suspend, discontinue, or wind down the Platform, or any feature thereof, at any time and for any reason, including but not limited to regulatory requirements, financial constraints, strategic decisions, or the dissolution of Omni Administration Ltd. or Omni Development DAO.
20.2Best-Effort Notice
In the event that OMNI determines to permanently discontinue or wind down the Platform, OMNI will use commercially reasonable efforts to provide advance notice to users through the Platform interface or via the contact information associated with user accounts. Such notice is provided on a best-effort basis only and does not create a liability for OMNI in the event of failure to provide such notice in any particular form or timeframe.
20.3Noncustodial Assets Unaffected
Because OmniBazaar is a noncustodial Platform, OMNI does not hold, control, or have access to user funds, wallets, private keys, or digital assets at any time. The dissolution or discontinuation of OMNI or the Platform does not affect a user's ownership of or access to digital assets held in their personal wallets, including OmniCoin (XOM) or any other tokens. Users retain full custody of their noncustodially held assets regardless of OMNI's operational status.
21.Platform Neutrality and Content Policy
21.1No Pre-Screening of Content
OmniBazaar is an interactive software platform that enables users to post and exchange content, listings, and communications. OMNI does not pre-screen, review, or approve user-submitted content prior to its appearance on the Platform. OMNI is not the publisher or speaker of any user-generated content and is not responsible for any content posted by users.
21.2Content Removal Rights
Notwithstanding the above, OMNI reserves the right -- but not the obligation -- to monitor, review, edit, remove, or block any content at any time and in its sole discretion, including content that OMNI believes violates these Terms, applicable law, or the rights of third parties. The exercise or non-exercise of this right does not create any duty to monitor content or impose liability on OMNI for content it does not remove.
21.3User Responsibility for Content
Users are solely responsible for the content they post, list, or transmit through the Platform. By submitting content, users represent and warrant that they have all necessary rights and permissions to post such content and that doing so does not violate any applicable law or the rights of any third party.
21.4Community Forum and Public Content
The Platform may include community forums, discussion boards, or other public-facing spaces where users can post content visible to other users ("Community Content"). Community Content is user-generated and does not represent the views or positions of OMNI. OMNI does not pre-screen Community Content and is not the publisher or speaker of any Community Content. Users who post Community Content are solely responsible for that content and represent that it does not violate these Terms, applicable law, or the rights of any third party. Community Content that is reported by users and found to violate these Terms may be removed by automated systems once a threshold of genuine user reports is reached, or by OMNI in its discretion. Users should not post personal information, private contact details, or other sensitive data in public community spaces, as such information may be visible to all Platform users.
22.Intellectual Property Takedown Procedure
22.1Reporting Infringing Content
Rights holders who believe that content posted on the Platform infringes their intellectual property rights may submit a takedown request to OMNI through the in-app Support page or by contacting OMNI at the contact address provided at the end of these Terms. A valid takedown request should include: (a) identification of the intellectual property right allegedly infringed; (b) identification of the allegedly infringing content and its location on the Platform; (c) a statement that the rights holder has a good-faith belief that the content is not authorized; (d) a statement of the accuracy of the information provided; and (e) the name and contact information of the rights holder or their authorized representative.
22.2OMNI's Response
Upon receipt of a valid and complete takedown request, OMNI will review the request and, where it determines in its reasonable discretion that the content is infringing, take commercially reasonable steps to delist or remove the content from the interface OMNI controls. Because some content may be stored on user-controlled decentralized infrastructure, complete removal from all networks may not be technically feasible; OMNI will use reasonable efforts to delist infringing content from the interface under its control.
22.3Counter-Notice
A user whose content has been removed following a takedown request may submit a counter-notice to OMNI if they believe in good faith that the content was removed in error. A valid counter-notice should include: (a) identification of the removed content and its location prior to removal; (b) a statement under penalty of perjury that the user has a good-faith belief the content was removed by mistake or misidentification; and (c) the user's name, address, and contact information. OMNI may, in its discretion, restore removed content following receipt of a valid counter-notice.
22.4Repeat Infringers
OMNI reserves the right to terminate the accounts of users who are found to be repeat infringers of intellectual property rights.
23.Governing Law
These Terms are governed by and shall be construed in accordance with the laws of the British Virgin Islands, without regard to its conflict-of-law principles. This governing law provision applies to the contractual relationship between you and OMNI. Users acknowledge that local consumer protection laws or mandatory statutory provisions in their own jurisdiction may apply to them notwithstanding this governing law clause; to the extent such laws cannot be excluded by contract, they shall apply to the relevant user's rights only and shall not otherwise affect the validity or enforceability of these Terms.
24.Miscellaneous
24.1Entire Agreement
These Terms, together with the Privacy Policy, the Risk Disclosure Statement, and any other policies incorporated by reference herein, constitute the entire agreement between you and OMNI with respect to your use of the Platform and supersede all prior agreements, representations, warranties, and understandings between the parties relating to the subject matter hereof.
24.2Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms to the minimum extent necessary and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
24.3No Waiver
OMNI's failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of that right or provision, nor shall it preclude OMNI from enforcing that right or provision on any future occasion.
24.4Assignment
You may not assign or transfer your rights or obligations under these Terms without OMNI's prior written consent. OMNI may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, restructuring, or sale of assets, without notice or consent.
24.5Survival
The following provisions shall survive termination of these Terms and your use of the Platform: Section 10 (Intellectual Property), Section 13 (Anti-Money Laundering and Sanctions Compliance), Section 14 (Disclaimers and Limitation of Liability), Section 15 (Dispute Resolution, Arbitration, and Class Action Waiver), Section 16 (Indemnification), and Section 24 (Miscellaneous).
24.6Electronic Consent
You agree that your electronic acceptance of these Terms -- whether by checking an acceptance box, clicking a button, or otherwise affirmatively indicating acceptance through the Platform interface -- constitutes a valid and binding agreement to these Terms with the same legal effect as a physical signature. You further agree that OMNI may provide you with notices, disclosures, and communications electronically through the Platform interface or via the contact information associated with your account.
24.7Contact
Questions, notices, or other communications to OMNI regarding these Terms may be directed to: Omni Administration Ltd. / Omni Development DAO | omnibazaar.com | support@omnibazaar.com. Formal legal notices to OMNI must be submitted in writing to the contact address above. Written legal notices sent via email to support@omnibazaar.com are deemed received upon OMNI's written acknowledgment of receipt. OMNI will acknowledge receipt of formal legal notices within five (5) business days.
25.User Acceptance
By checking the acceptance box presented during registration or login, or by otherwise accessing or using the Platform, you confirm that:
- You have read and understood these Terms of Service in their entirety
- You are at least eighteen (18) years of age
- You have the legal capacity to enter into this Agreement
- You agree to be bound by these Terms and all policies incorporated herein
- You understand that certain features of the Platform involve substantial financial risk and you accept that risk
- You understand that you are waiving your right to participate in a class action and your right to a jury trial, as described in Section 15
This document is published in multiple languages for your convenience. The English-language version is the sole official and legally binding version. In the event of any conflict, ambiguity, or inconsistency between a translated version and the English version, the English version shall prevail and govern.