Privacy Policy

Osbourne Media House, LLC Terms of Use and Privacy Policy

Effective as of April 15, 2024

This is a legally binding contract between you, the user (“User”, “you”, “your”), and Osbourne Media House, LLC (“OMH”, “we”, “us”, “our”). Please read the following information carefully. Your access and use of our website at OsbourneMediaHouse.com (the “Site”) and your engagement with our audio, visual, audio/visual and other content (“Content”) and use of the features and services provided therein (collectively, the “Service”), including, without limitation, any mobile application or affiliate sites, are subject to the terms and conditions in these terms of use hereunder (the “Terms”). 

You must agree to these Terms to use the Service. If you use the Service, or click accept or agree to these Terms if presented to you in a user interface for the Service, this will indicate your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept these Terms, then you may not use the Service.  If we make any material changes to the Terms, we will let you know through the site or via email (at the email address you provide) and such revised terms will apply upon acceptance from you or the passage of ten (10) days, whichever occurs earlier – if you do NOT agree to the revised terms then you may not use the Services and may cancel any Membership that you may have with us.

1. Your Access to the Site

a. Internet Access. When using the Service on your mobile, laptop, desktop, or other device (individually and collectively, “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

b. Your Device. OMH is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.

c. No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. Permitted Use and Restrictions

a. License Grant. Subject to the terms and conditions of these Terms, OMH hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.

b. Eligibility. You may only use the Service if you are 16 years of age or older. To register for an account or enroll in a Membership Plan (as that term is defined below), you must be an individual at least 18 years of age and able to enter into legally binding contracts.

c. Use Restrictions and Violation of these Terms. You may not: (i) cause, permit, or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by OMH in its sole discretion; or (iv) otherwise access or use the Service in any way that is not expressly permitted by these Terms.  Furthermore, you may not use (or permit a third party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service, other than as permitted by the robots.txt file for the Site; (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and OMH has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.  We may, but are not obligated to, monitor, or review the Service at any time, including your specific account activity and usage. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion and without prejudice to any other remedy available to us, immediately terminate your license to use the Service pursuant to the Termination section below.

3. Memberships

a. Memberships. The Service or some parts of the Service may require you to create an OMH account and provide us with a username, password, and certain other information about yourself and are only available with a paid membership (each, a “Membership Plan” with you being deemed a “Member”). Depending on the type of Membership Plan purchased, a Membership Plan provides those who enroll with exclusive video content, behind-the-scenes access and other benefits. If you enroll in a Membership Plan, you will be charged any applicable Membership Plan fee, plus any applicable taxes and other charges (“Membership Fee”) at the beginning of the Membership Plan and each Membership Plan period (e.g., monthly, quarterly, annually, as specified when you purchase such Membership Plan) thereafter.  You are solely responsible for the information associated with your Membership and anything that happens related to your Membership. You agree to pay all applicable charges, fees, and taxes incurred by you or anyone using your Membership. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR MEMBERSHIP, INCLUDING ANY UNAUTHORIZED CHARGES.  You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete.  Maintaining Membership security is very important. You are solely responsible for maintaining the confidentiality of your Membership password. You agree to notify OMH immediately if you become aware of any unauthorized use of your password or of your Membership.  Memberships are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances; you may not share your Membership with, or disclose your password to, anyone else.  For clarity, a Membership may be purchased for another individual (as a gift or for an individual without a payment method, for example), in which case, the individual for whom the Membership is purchased would be enrolled as the Member and the individual who purchased the Membership would be the “Purchaser”; however, both Member and Purchaser must abide by the Terms herein, as applicable.

b. Payment Method. To enroll as a Member, you may be required to provide a current, valid, accepted method of payment (“Payment Method”). You authorize us to charge any Payment Method associated with your Membership in case your primary Payment Method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. OMH uses authorized third parties for the purpose of processing your transactions and credit card authorizations (including, but not limited to Stripe for Membership and Nineline for merchandise) (individually and collectively, “Payment Processor”). By submitting Payment Method details to us or our Payment Processor, you grant (or otherwise authorize) OMH the right to store and process your information with such Payment Processor. You agree that OMH will not be responsible for any failures of such Payment Processor to adequately protect your information. If a payment is not successfully settled—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend the Membership until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees. Check with your Payment Method service provider for details. 

When you enroll as a Member, we may submit periodic charges without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your Payment Method (as described below). Such notice will not affect charges submitted before we reasonably could act to terminate your authorization or to change your Payment Method or the Membership Plan.

c. Updating Your Payment Method. You can update Payment Method by logging into your Membership account or you may contact us at the details in the Contact Us section below. We may also update your Payment Method using information provided by Payment Method service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

d. Cancellation. You can cancel the Membership at any time. To cancel, log into your account and navigate to the Memberships page or contact us at the contact details in the Contact Us section below. If you terminate the Membership, your Membership will not be renewed after your then-current Membership period ends.  OMH may terminate your Membership at any time for any reason or no reason, including if: (i) we determine that you are in breach of or otherwise acting inconsistently with these Terms or engaging in fraudulent or illegal activities or other conduct that may result in liability to OMH; (ii) OMH determines it is required by law to terminate your Membership Plan; or (iii) OMH decides to stop providing the Service or critical portions of the Service. When terminating your Membership, OMH may cancel your Membership and delete any information in it. You have no ownership rights in your Membership.

e. Changes to the Membership Plan or Price. We reserve the right to change the Membership Plan or adjust pricing for the Membership Plan or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to the Membership Plan will take effect following notice to you.

f. No Refunds. Payments for Membership Fees are nonrefundable and there are no refunds or credits for partially used Membership periods. If you cancel your Membership, however, you will continue to have access to the Membership portions of the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Members. The amount and form of such refunds, discounts, or other consideration, and the decision to provide them, are at our sole discretion. The provision of refunds, discounts, or other consideration in one instance does not entitle you to refunds, discounts, or other consideration in the future for similar instances, nor does it obligate us to provide refunds, discounts, or other consideration in the future, under any circumstance.

g. Free Trials. OMH may, in its sole discretion, offer a Membership Plan with a free trial for a limited period of time (the “Free Trial Period”). To enroll in a Membership Plan with a Free Trial Period, you may be required to provide a Payment Method. If you decide that you do not want to become a paying user of the Membership Plan, you have to terminate your Membership Plan by the end of the Free Trial Period or your Payment Method will be charged the Membership Fee.

4. Third-party Links

The Service may contain links to websites operated by other parties (“Third-Party Sites”), including but not limited to Payment Processor. OMH provides these links to Third-Party Sites as a convenience and use of the Third-Party Sites is at your own risk. The Third-Party Sites are not under the control of OMH and OMH is not responsible for the content available on the Third-Party Sites. Such links do not imply OMH’s endorsement of information or material on any Third-Party Site and OMH disclaims all liability with regard to your access to and use of such Third-Party Sites. Your use of Third-Party Sites is governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

5. Submitted Content

a. We may elect to accept user-generated material (however, we are under no obligation to do so), including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, information, or other materials submitted or made available through the Service via any function that allows a user to message, chat, comment, post, or share content, SUBJECT TO THE TERMS OF THE IDEA SUMISSION SECTION BELOW.

b. OMH does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant OMH (and our assigns, agents, and licensees) a perpetual, irrevocable, non-terminable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive, and transferable license to use, reproduce, distribute, attribute (or anonymize, at OMH’s discretion) such Submitted Content to you as the name or username such Submitted Content was submitted under, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and OMH’s (and its successors’, parents’, subsidiaries’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels; as such, for clarity, you hereby waive your moral rights and any other similar rights which might dictate your control over such Submitted Content. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this section. 

c. You are responsible for the content you choose to communicate and access using the Service. In particular you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets, or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person. OMH may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce these Terms. Further, OMH may in its sole discretion remove such content and terminate your Membership if you submit any content that is in breach of these Terms.

d. You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and OMH has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) OMH does not guarantee any confidentiality with respect to your Submitted Content; and (iv) OMH is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You further acknowledge and agree that (v) OMH is not the source of, does not verify or endorse, and takes no responsibility for the Submitted Content; (vi) Submitted Content may be protected by intellectual property rights owned by third parties, (vii) OMH has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (viii) OMH may not be able to remove Submitted Content that is downloaded onto a user’s Device. OMH does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

e. You acknowledge and agree that OMH has the right to pre-screen your Submitted Content but has no obligation to do so. In OMH’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, OMH and its designees shall have the right, but not the obligation, in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property or other rights.

f. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will OMH be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

6. Idea Submissions

a. We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. We hope you will understand that this policy is intended to help us and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar to or even identical to a customer’s idea.

b. If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy herein), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submission already under consideration or in development; and (iv) you are not entitled to any credit, compensation or reimbursement of any kind from us in connection with the Submission under any circumstances.

7. DMCA Notice

a. OMH has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of OMH or of a third party, or otherwise violated any intellectual property laws or regulations. OMH’s policy is to investigate any allegations of copyright infringement brought to its attention.

b. Take-Down Notice: If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want OMH to delete, edit, or disable the material in question, you must provide OMH with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”)) to our designated copyright agent set forth below:

• A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

• Identification of the copyrighted work (or works) claimed to have been infringed;

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit OMH to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);

• Information reasonably sufficient to permit OMH to contact you, including your address, telephone number, and e-mail address at which you may be contacted;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the person authorized to act on the copyright owner’s behalf, or the law; and

• A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or you are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information.

For this notification to be effective, you must provide it to OMH’s Designated Agent by email at support@osbournemediahouse.com. 

If you fail to comply with all of the requirements above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, OMH’s will determine the best course of action, which may include:

• To remove or disable access to the infringing material;

• To not remove the offending materials if OMH determines that the DMCA notice does not adequately demonstrate an infringement on any third party intellectual property;

• To notify the content provider, member, or user (if such offending content was posted by a third party) that it has removed or disabled access to the material; and

• That repeat offenders will have the infringing material removed from the system and that OMH will terminate such repeat offender’s access to the Service. 

c. Counter-Notice: If your Submitted Content was removed and you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

• Your name, address, and telephone number; and

• A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

d. If a counter-notice is received by the Designated Agent, OMH may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at OMH’s discretion.

8. Intellectual Property Rights

a. Trademarks. The OMH name and logo are trademarks and service marks of OMH. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

b. Ownership. Except for your Submitted Content, you acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, Submitted Content belonging to other users, and all content in the Service and any compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of OMH, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that OMH, and/or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that OMH has designated as confidential and you agree not to disclose such information without OMH’s prior written consent. Nothing posted on the Service grants a license to any OMH trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel, or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of OMH. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

9. Privacy

OMH respects your privacy and values your trust. We are committed to ensuring that the personal information stored by our systems is suitably protected and used appropriately. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service. By using the Service, you agree to the then-current versions of these Terms, which will be posted on the Service. 

  1. Information We Collect

We may collect the following categories of personal information (a) directly from you (such as when you create an account, leave a comment, complete a survey, or send communications to us), (b) from the device and browser that you use to access the Service, (c) from cookies (which, currently, the Site does not employ, however, the Payment Processor may employ the use of cookies to collect and store Identifiers and Financial and Transactional Information and related information, to the extent the Payment Processor uses cookies for such purposes, these cookies cannot be opted out of), or (d) from third parties (such as social media networks when you contact to us via social media:

Identifiers – We may collect your name, email address, username and password, postal address, and phone number.

Financial and Transactional Information – We may collect payment method details (such as you credit or debit card information or bank account details), shipping address, billing address, and order history. We use certain authorized third-party Payment Processor/s to process payments on our behalf.

Demographic Information – We may collect your birthdate and age as well as your gender/gender expression.

User-generated Content – We may collect the content you post to the Service, such as comments, survey responses, and profile photos. 

Audio-Visual Information – We may host virtual events (e.g., online meet-and-greets) that may be recorded. As such, we may record your image and voice.

Device Information – We may collect device information when you visit the Site. This includes your computer or mobile device type, browser type, unique identifiers, IP address, and geolocation information. 

Internet or Electronic Network Activity Information – We may collect information concerning your interaction with the Service, including when you access the Site and your browsing activity on the Site (such as which pages you visit, in what order, and for how long). This may include “traffic” data or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Site. 

Interests and Inferences – We may collect information about your interests and hobbies. And we may draw inferences from the information above that may reflect your preferences, characteristics, or interests. 

You are not required to provide all personal information identified in this Privacy Policy to use the Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. 

  1. Cookies

We, either on our Service or through our Payment Processor, may collect certain information that gets collected automatically at our end through cookies and other similar technologies on the Site. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies generally divided into the following categories:

• Strictly Necessary Cookies: These are required for the operation of the Site. They include, for example, cookies that allow you to login to password-protected portions of the Site.

• Analytical/Performance Cookies: These allow us to recognize and count the number of users on the Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). This helps improve how the Site works, for example, by ensuring that users can find what they are looking for easily.

• Functional Cookies: These improve the functional performance of websites and make them easier for you to use. These include cookies that are used to remember that you previously visited the Site and asked to remain logged in.

• Targeting Cookies: These record your visit to the Site, the pages you have visited, and the links you have followed to recognize you as a previous visitor, and to track your activity on the Site and other websites you visit. These cookies are used to display ads on other websites based on your visits to the Site and other online activity. These cookies qualify as persistent cookies because they remain on your device. For more information about targeted advertising and how to opt out with your specific browser and device, go to the Network Advertising Initiative and the Digital Advertising Alliance. If you opt-out, you will need to apply these opt-out settings in each device from which you wish to opt out. Not all companies that serve interest-based ads participate in these opt-out programs, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online, but they may be less relevant to you. 

The Service, including through the Payment Processor, only utilizes necessary cookies for the identification of the user, to allow the Member to log-in to the protected Membership sections of the Site and for payment of the Membership Fee; these cookies cannot be opted out of (hence, there currently is no ability for the User to change the cookie settings).  Should this policy change in the future, we will update out Terms. 

You can also prevent the use of certain cookies by modifying your Internet browser settings, typically under the section “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access the Site, however, you might not be able to access or use important functions or features of the Site, and you may, for example, be required to re-enter your log-in details. 

  1. Children’s Privacy

The Service is not intended for use by people under 16 years of age. We do not knowingly or intentionally gather personal information about visitors who are under the age of 16. If you are aware of, or suspect that, someone under the age of 16 is using the Service without permission, please notify us immediately by contacting us as detailed in the Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.

  1. How We Use Your Personal Information

We collect and use personal information for the following purposes:

• Providing the Service and providing goods and services requested by, or reasonably anticipated by, you;

• Managing your relationship with us, requesting feedback, and responding to your inquiries or requests;

• Managing your account, including tracking your username and password;

• Personalizing the Site and the marketing messages you receive from us;

• Providing you with promotional materials and information that we believe will be relevant to you;

• Administering promotions, events, or surveys;

• Analyzing use of the Service;

• Tailoring advertisements to what we believe will be of interest to you (including working with our advertising partners to display advertisements on third-party website that you may visit);

• Assessing the success of our marketing and advertising campaigns;

• Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity or prosecuting those responsible; and 

• Complying with legal and regulatory obligations. 

  1. How We Share Your Personal Information

We may share your personal information with the following third parties:

•  Internally to our employees, contractors, affiliated companies and entities in order to provide the Services.

• Service providers, including hosting providers and IT outsourcing, membership software providers, web analytics providers, payment processors, order fulfillment and shipping providers, customer service support providers, communication service providers, and marketing providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.

• Other users, for example, if you post a comment, your name, profile photo, and comment may be visible to other users of the Site.

• Advertising networks to provide you with marketing that we or our advertising partners believe will be relevant to you.

• Advisers and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.

• With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganizations, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.

• Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

  1. Your Privacy Choices

If you no longer want to receive our newsletter or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself or by opting out in your Membership account or at check out. 

Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.

To review, amend, and delete certain information associated with your account (e.g., shipping addresses), you may do so by logging into your Membership account. If you wish to delete your Membership account, please contact us at support@osbournemediahouse.com. We may be required to maintain certain information associated with your Membership for our internal record-keeping purposes or to comply with legal or regulatory obligations.

  1. Security

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your Membership is no longer secure, please contact us immediately at the contact information in the Contact Us section below.

  1. California Consumer Privacy Act

OMH is subject to and adheres to the regulations within the California Consumer Privacy Act (“CCPA”), which regulates, without limitation, how we collect, use, disclose, and/or “sell” (as defined under California law) the personal information of California residents, and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Information We Collect above.

We collect this personal information to operate, manage, and maintain our business, to provide our services, and to accomplish our business purposes and objectives, as further described in the Our Use of Personal Information section above. In addition, the financial information we collect (such as credit or debit card information or bank account information) may be considered sensitive personal information. Financial information is processed by authorized payment processors, and this information is only collected and used to process and fulfill your orders, to provide customer service, to ensure security and integrity of your data and our systems, and to comply with legal and regulatory obligations.

We may share personal information with the third parties listed above in the section Our Disclosure of Personal Information. Below we have provided more detail regarding the two ways we share your personal information: (a) “sales” of information and (b) general disclosures of information for a business purpose.

A “sale” under California law broadly includes any disclosure of information in return for any value. This value does not need to be monetary, like in a traditional sale. For example, a “sale” can be when a business provides information collected through cookies to an advertising network that it has hired to promote its own ads—but then the advertising network is able to use the cookie data provided for its own purposes, outside of this particular business relationship.

OMH does not share personal information in exchange for payment and we require that our service providers only use your personal information to perform the services we have asked of them. However, we use advertising networks to help us improve your advertising experience (such as serving advertisements on our behalf across the Internet and providing analytics services). Sharing personal information with the third-party provider while using these tools may fall within the definition of a “sale” of personal information under California law.

In the past 12 months, we have provided Device Information, Internet or Electronic Network Activity Information, and Inferences to Advertising Networks. 

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age. 

To manage our business and provide services to you, we sometimes share personal information with third parties. As noted above, these third parties cannot further collect, sell, or use the personal information we share with them except as necessary to perform our purposes, as instructed by us.

In the past 12 months, we may have disclosed the following categories of personal information Internally and to Service Providers for our operational business purposes:  Identifiers, Financial and Transactional Information, Demographic Information, Audio-Visual Information, Device Information, Internet or Electronic Network Activity Information, Interests and Inferences

OMH provides California residences and all users, with the right to:

• Access: You may have the right to access a copy of the categories and specific pieces of personal information that we have collected, used, and/or disclosed.

• Correction: You may have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

• Deletion: You may have the right to request that we delete or anonymize your personal information, with certain exceptions.

• Sale/Sharing Opt-out: You may also have the right to opt-out of the sale of your personal information and to opt-out of cookies for cross-context behavioral advertising.

• No Retaliation: You have the right to be free from discrimination for exercising your rights. 

If we do alter our cookie policy and/or information gathering or storage policy, you will be able to exercise your right to opt-out of “sales” and cross-context behavioral advertising by going to the Membership page and following the instructions regarding cookie settings; currently, OMH does not utilize cookies (however, the Payment Processor may use cookies which cannot be opted out of) and does not collect and sell/share any Members’ personal information which can be opted out of, hence there is no ability to change the cookie settings, however, the Membership page does offer the ability to opt out of newsletters and other OMH promotional and marketing emails. 

If you wish to exercise the right to access, correct, or delete your information or have any questions or concerns regarding the processing of your personal information, please contact us at support@osbournemediahouse.com. We will respond to your request consistent with applicable law. 

Please note, however, before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. If we possess appropriate information about you (e.g., name, email address), we will attempt to verify your identity using that information. If it is not reasonably possible to identify you, we may not be able to respond to your request. 

To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us. 

  1. Foreign Residents (Outside of the United States)

As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country.  Regardless, the following apply to residents of the European Union and the United Kingdom and, as applicable, any other foreign country or territory (and are meant to supplement or replace, as necessary, the Privacy Policy herein):

Data Transfers – Where required by applicable law, we provide appropriate protections for cross-border transfers for international data transfers.

Retention of Your Personal Information – We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.

Legal Basis for Processing Your Personal Information – Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the Our Use of Personal Information section above, including: (i) as may be necessary to perform a contract with you; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Decision-Making – We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

Your Rights – As available and except as limited under applicable law, individuals in the EU and UK have the rights described below:

• Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.

• Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended. 

• Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such information to comply with a legal obligation or to establish, exercise, or defend a legal claim.

• Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.

• Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.

• Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data to establish, exercise, or defend a legal claim.

• Withdrawing Consent.  If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information based on your consent before the point in time when you withdraw your consent or processing of other information based on other legal bases.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at support@osbournemediahouse.com.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

10. Indemnity

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any these Terms; (iii) your violation or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

11. Warranty Disclaimer

a. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.

c. No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

12. Limitation of Liability

a. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY, OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE (INCLUDING OUR PRODUCTS) OR YOUR INABILITY TO ACCESS OR USE THE SERVICE (INCUDING OUR PRODUCTS)) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDIGN OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF OMH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. Your sole remedy for dissatisfaction with the Service including, without limitation, content or products offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the Service.

c. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of (i) the total amount paid for Services in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.

d. You hereby expressly waive and relinquish all rights and benefits I may have against OMH under California Civil Code Section 1542 (and any law of any jurisdiction of similar effect with respect to my release of any claims), which states, in part “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”

13. Termination

We may terminate these Terms, deactivate your Membership, and/or your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Service, or (iii) we are prevented from providing the Service for any reason.  Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service, your Membership, and/or your access to the Service at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.  On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. All terms herein that, by their nature should survive termination (including but not limited to the following sections: Intellectual Property Rights, Privacy, Indemnity, Warranty Disclaimer, Limitation Of Liability, Termination, Governing Law, Dispute Resolution, Additional Important Terms) will survive any termination or expiration of these Terms.

14. Governing Law

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction).

15. Dispute Resolution

a. User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in the Contact Us section below.

b. Arbitration Procedures. In the event your concern cannot be resolved informally, you and OMH agree that, except as otherwise explicitly provided herein (including in the case of criminal activity), all Disputes (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

c. Location. The arbitration will take place in the County and City of Los Angeles, California, unless the parties agree to video, phone, or Internet connection appearances. 

d. Limitations. You and OMH agree that any arbitration shall be limited to the Claim between OMH and you individually. YOU AND OMH AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

e. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

16. Additional Important Terms

a. Assignment. The rights granted to you under these Terms may not be assigned without OMH’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.  We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms. 

b. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

c. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

d. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by OMH of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

e. Equitable Remedies. I agree that my sole remedy for any claim against OMH, as it might pertain to the Services or the rights granted herein, shall be monetary damages as may be awarded through a court of law or arbitration and I explicitly waive the right to seek or receive any equitable relief against OMH or the Service. You acknowledge and agree that OMH would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

f. Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and OMH with respect to the Service and supersedes any and all prior agreements between you and OMH relating to the Service.  Headings are included herein for convenience only and should not be considered while interpreting this Agreement.  Words, herein, in singular mean and include plural and vice versa, as necessary; words, herein, in masculine, mean and include feminine, and vice versa, as necessary.  

17. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

18. Contact Us

If you have any questions or comments relating to the Service or these Terms, please contact us at support@osbournemediahouse.com.

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