Terms Of Service
Last updated: January 2024
It is important to carefully read Omegle’s Terms of Service before using the service. These Terms constitute a legally binding contract between you and Omegle (referred to as "we," "our," or "us"). By using Omegle or any other products or services provided by us, you are required to consent to these Terms and Omegle's Privacy Policy. Both documents are presented to you when you first access our product and whenever we make significant changes to them. If you do not agree to these Terms or our Privacy Policy, please refrain from using the Service and contact us immediately to terminate your account, whether you are a guest or a registered user.
General Terms and Conditions
1. Changes to These Terms
We reserve the right to change these Terms at any time. While we will make our best efforts to notify you in advance, there may be situations where this is not possible. Your continued use of the Service after any revisions to these Terms will constitute your acceptance of the revised Terms. If you do not agree to any of the changes, please delete your account immediately, which will terminate these Terms accordingly.
2. Additional Agreements & Terms
Your use of the Service is also governed by our Privacy Policy, Community Policy, and other policies. These can be found on the Omegle website.
3. Entire Agreement
Except as it may be supplemented by additional terms and conditions, policies, guidelines, or standard s provided herein, this Agreement constitutes the complete agreement between Omegle and you regarding its subject matter and supersedes any prior oral or written agreements between Omegle and you concerning access to and use of the Services.
User Eligibility
The Service is only available to individuals who are at least 18 years old and who have not been previously removed or banned from the Service by us, whether as a guest user or a registered user. By using the Service, you confirm that: (i) you can legally enter into a binding contract with Omegle; (ii) you are not prohibited from using the Service under the laws of the United States or any other applicable jurisdiction; (iii) you will comply with these Terms and all relevant laws and regulations.
If you are using the Service on behalf of a business or entity, you confirm that you are authorized to grant all licenses outlined in these Terms and to agree to these Terms on behalf of the business or entity.
IF YOUR AGE IS UNDER EIGHTEEN (18), YOU ARE PROHIBITED BY LAW FROM USING THE SERVICE. IF YOU ARE UNDER THIS AGE, YOU MUST TERMINATE YOUR ACCOUNT AND LOG OUT OF THE WEBSITE IMMEDIATELY.
License to Use This Service
By agreeing to these Terms and following all applicable Rules and Community Guidelines, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal and non-commercial purposes. Omegle and its licensors retain all intellectual property rights not expressly granted to you in these Terms. It's important to note that no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Omegle or its licensors, except for those expressly granted in these Terms. This means that any use of Omegle's intellectual property without explicit permission is prohibited.
Omegle reserves the right to terminate this license. This termination can occur if you violate these Terms or if Omegle decides to discontinue the Services.
In addition to this license, you are also responsible for complying with any and all laws, rules, and regulations that may apply to your use of the Services. This includes laws related to privacy, data protection, and intellectual property. By using the Services, you agree to comply with these Terms and the Community Guidelines, and you agree not to assist or enable others to violate these rules.
Some specific actions that you agree not to take while using the Services include:
Violating or bypassing any applicable laws, regulations, or agreements with third parties.
Using the Services for any commercial purposes not explicitly allowed by these Terms or in a way that falsely suggests Omegle's endorsement.
Engaging in licensing, selling, transferring, assigning, distributing, hosting, or otherwise exploiting the Services for commercial gain without authorization.
Reproducing, distributing, posting, or transmitting the Services, in whole or in part, without permission.
Displaying, mirroring, or framing the Services or any part of them without Omegle's express written consent.
Using automated means or processes to access, collect data from, or interact with the Services without proper authorization.
Attempting to bypass any technological measures implemented by Omegle to protect the Services.
Modifying, creating derivative works of, or attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
Taking any action that damages or negatively impacts the performance or proper functioning of the Services.
Violating the rights of others or causing harm to anyone else.
It's important to understand that neither these restrictions nor the Community Guidelines or any other part of these Terms create any rights that are enforceable by users, whether as third-party beneficiaries or otherwise. These restrictions are designed to protect Omegle's rights and the integrity of the Services.
Omegle reserves the right, but not the obligation, to enforce any of the foregoing restrictions or guidelines. This means that while Omegle is not required to enforce these rules in every instance, it has the right to do so if it deems it necessary to protect its interests or the interests of its users.
User Content
1. Definitions
As used in these Terms, “User Content” means any content, whether displayed publicly or not, that Users upload, post, or transmit (collectively, “Post”) to or through the Service, including but not limited to, any Broadcast content, comment text, photographs, sound recordings, and private communications, excluding any and all “Company Content,” which is defined as content that the Company provides to Users in or via the Service, including without limitation, any text, graphics, photos, software, and interactive features.
2. No User Content Screening
Users have the ability to Post User Content to or transmit through the Service. While we endeavor for all User Content to comply with our Community Guidelines (available for viewing on the site), we do not pre-screen any User Content submitted or publicly Posted by any User. We do however have the right to delete, disallow, or temporarily block any User Content that (i) we consider to be in violation of these Terms, our Community Guidelines, or any applicable laws and regulations, or (ii) in response to any complaint(s) from other Users, with or without notice. We do not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any User Content, and any use or reliance by you on any User Content is at your own risk, and we will not be held liable for such User Content under any circumstance.
3. User Content Ownership
You own the User Content you post and display in and through the Service, but by posting User Content, you grant us a worldwide, assignable, sublicensable, royalty-free license to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit and use all User Content you post to or through the Service by any means and through any media and formats now known or hereafter developed. This license allows us to use your User Content for purposes such as advertising, marketing, and promoting the Company and the Service; displaying and sharing your User Content with other users of the Service; and providing the Service as authorized by these Terms. If you terminate your account or remove any of your User Content from the Service after it has been posted, your license grant with respect to your User Content is perpetual and irrevocable. Additionally, you grant us and our affiliates and business partners an unrestricted, worldwide, royalty-free license and right to use your username, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content in or through the Service or transmit to us any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or otherwise transmitted to us will be considered non-confidential and non-proprietary and may be used by us in accordance with these Terms without notice to you and without any liability to Omegle. For clarity, the rights granted in this Section include, but are not limited to, the right to reproduce your User Content on a royalty-free basis, meaning that you are granting the Omegle the right to use your User Content without the obligation to pay royalties to you or any third party involved in the creation of your User Content.
4. Use of Coomeet Product
Omegle is a platform that utilizes the product provided by the third-party Coomeet to facilitate its services. By using Omegle, you acknowledge and agree that your use of our platform is also subject to Coomeet's terms of service and privacy policy.
Coomeet's Terms of Service: When you use Omegle, you are also bound by Coomeet's terms of service. It is important to review and understand Coomeet's terms, as they govern your use of the underlying product that powers Omegle's functionality.
Coomeet's Privacy Policy: Your privacy is important to us. Coomeet's privacy policy outlines how your personal information is collected, used, and protected when you use their product. By using Omegle, you consent to the collection and use of your information in accordance with Coomeet's privacy policy.
Integration with Coomeet: Omegle integrates with Coomeet's product to provide you with a seamless experience. This integration allows us to offer you the features and services that make our platform unique. By using Omegle, you agree to the integration of Coomeet's product into our platform.
Updates and Changes: Coomeet may update its terms of service and privacy policy from time to time. It is your responsibility to stay informed about any changes that may affect your use of Omegle. Continued use of Omegle after changes to Coomeet's terms constitutes acceptance of those changes.
Third-Party Relationship: Omegle's use of Coomeet's product establishes a business relationship between you and Coomeet as a third party. Any issues or disputes related to Coomeet's product should be addressed directly with Coomeet.
Acceptance of Terms: By using Omegle, you acknowledge and agree to be bound by Coomeet's terms of service and privacy policy in addition to the terms of use outlined for Omegle. If you do not agree to any of these terms, please refrain from using our platform.
5. User Content Restrictions
As a user of Omegle, you are responsible for your interactions and content shared on the platform. You agree to abide by our community guidelines and Coomeet's terms of service. When posting User Content to the Service, you must abide by the following restrictions: (i) you must own the User Content posted by you in or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your User Content in or through the Service must not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity; (iii) the posting of your User Content in the Service must not require us to obtain any further licenses from any third party or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the posting of your User Content on the Service must not result in a breach of contract between you and a third party, nor will it be in violation of any applicable law or regulations.
6. Waiver of Rights to Inspect or Review User Content
By posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Service.
Intellectual Property Rights
The Services, whether in their entirety or in part, are protected by copyright, trademark, and/or other laws of the U.S. and international law. You acknowledge and agree that our services, along with all associated intellectual property rights, are the exclusive property of Omegle and/or its licensors or authorized third parties. You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. All trademarks, service marks, logos, trade names, trade dress, and any other source identifiers of Omegle used on or in connection with the Services (collectively referred to as the "Marks") are trademarks or registered trademarks of Omegle in the United States and abroad. Any trademarks, service marks, logos, trade names, or other proprietary designations of third parties used on or in connection with the services are used for identification purposes only and may be the property of their respective owners. The use of any third-party trademark is solely intended to identify the trademark owner and its goods and services and does not imply any association between the trademark owner and Omegle.
Assumption of Risk
By using the services, including your interactions with other users, you acknowledge and agree that there are inherent risks involved. By accessing and using the services, you voluntarily assume those risks. To the fullest extent permitted by applicable law, you are fully responsible for your use of the services, including your interactions with other users.
You knowingly, voluntarily, and freely assume all risks, both known and unknown, associated with accessing or using the services. This includes risks arising from the negligence or carelessness of Omegle, third parties (including other users of the Services), or defects in the Services.
Disclaimer of Warranties
Omegle provides the services on an "as is," "as available," and "with all faults" basis, without any warranty of any kind. To the maximum extent permitted by applicable law, Omegle, its affiliates, and licensors explicitly disclaim all warranties and conditions, whether express or implied. This disclaimer encompasses warranties of title, non-infringement, merchantability, fitness for a particular purpose (even if Omegle is aware of such a purpose), and those arising from a specific course of dealing or usage of trade.
Neither Omegle nor any of its affiliates or licensors, nor any of their officers, directors, employees, or representatives, make any representations or warranties that:
The services will meet your requirements or be accurate, truthful, complete, reliable, or error-free.
The services will always be available, uninterrupted, accessible, timely, responsive, or secure.
Any errors or defects in the services will be corrected, or the services will be free from viruses, worms, Trojan horses, or other harmful properties.
The accuracy, reliability, timeliness, or completeness of any content available on or through the Services.
Any implied warranty arising from the course of dealing or usage of trade.
Any content provided via the services is non-infringing.
No information or advice provided through the Services by Omegle or its employees or agents shall create any warranty.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations and exclusions may not apply to you.
Omegle has no control over, and does not make, any representations, warranties, or guarantees regarding the conduct, acts, or omissions of other users of the Services. You acknowledge and agree that you shall solely look to the other users, and not Omegle, concerning any claims or causes of action arising from or relating to the actions or conduct of other users of the Services. To the fullest extent permitted under applicable law, Omegle shall under no circumstances be responsible for any loss, damage, or injury resulting from any action, conduct, or omission of any other user of the Services.
Limitation of Liability
Limitations on Omegle’s Liability:
You agree that, to the maximum extent permitted by law, you assume full responsibility for any risks associated with accessing and using the services. Omegle and any other entities involved in creating, producing, or providing the services will not be held liable to you or any third party for direct, indirect, incidental, special, punitive, exemplary, or consequential damages. These damages may include lost profits, data loss, goodwill impairment, service interruption, computer damage, system failure, or the expenses incurred for alternative products or services. The use of the services, including reliance on delays, inaccuracies, errors, or omissions in the services, whether provided by Omegle or third parties.
Your communications, interactions, or dealings with other users of the services:
These damages can arise from warranty, contract, tort (including negligence), product liability, or any other legal theory, even if Omegle has been informed of the possibility of such damage. Even if a limited remedy set forth herein is found to have failed of its essential purpose, Omegle’s aggregate liability will not exceed one hundred U.S. dollars (U.S. $100.00).
The limitations of damages outlined above are fundamental elements of the agreement between Omegle and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations and exclusions may not apply to you.
No Liability for Non-Omegle Actions:
To the fullest extent permitted by applicable law, Omegle will not be liable for any damages arising from or related to the conduct, acts, or omissions of you or any other third party, including other users of the services. This includes bodily injury, emotional distress, and any other damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations and exclusions may not apply to you.
Indemnification
To the fullest extent permitted by applicable law, you agree to release, defend (if Omegle chooses), indemnify, and hold Omegle, its affiliates, subsidiaries, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses. This includes, but is not limited to, reasonable attorney and accounting fees. These claims may arise from: (i) your breach or alleged breach of these Terms or other Omegle policies (including Guidelines or Rules); (ii) your unauthorized use of the Services; (iii) your interactions with other users of the Services, which may result in injuries, losses, or damages of any kind; (iv) any information or materials you submit through the Services; or (v) your violation or alleged violation of any laws, regulations, or third-party rights (collectively, "Claims"). Omegle may take exclusive control of defending any claims (without relieving your indemnity obligation), and you agree to cooperate fully with Omegle in such cases. You must not settle any claims without prior written consent from Omegle.
Dispute Resolution: Agreement to Arbitrate
It’s important to note that the following section directly affects your rights.
1. Agreement to arbitrate
You and Omegle both agree that any dispute, claim, or controversy arising from or related to these Terms or the use of the Services, regardless of the legal basis, will be resolved through binding individual arbitration (the "Arbitration Agreement"). This means that the dispute will be settled by a neutral arbitrator instead of in court before a judge or jury. The arbitrator will decide all initial matters, including issues regarding the enforceability, revocability, or validity of this arbitration agreement, and whether either party lacks the right to assert their claim(s).
By using the Services, you agree that any claim or cause of action arising from or related to these Terms or your use of the Services must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred, regardless of any statute or law.
2. Exceptions to the Arbitration Agreement
Despite the Arbitration Agreement, both you and Omegle agree that (i) any dispute that can be brought in a small claims court may be filed in a small claims court with the appropriate jurisdiction, and (ii) either you or Omegle may seek injunctive relief in any court with the appropriate jurisdiction to prevent infringement or other misuse of either party’s intellectual property rights (including, but not limited to, violation of any data use restrictions in these Terms or other misuse of the Services) or in cases of other urgent circumstances (such as imminent danger or commission of a crime, hacking, or cyber-attack).
3. Pre-Arbitration Notification and Good Faith Negotiation
Before initiating arbitration, you agree to inform us about the dispute. This notice should include a brief written description of the dispute, the relief requested, and your contact information. You must send this notice by emailing Omegle with “Omegle-Disputes” in the subject line. Both parties agree to make their best efforts to resolve any dispute subject to the notification required under this section through informal negotiation. Good-faith negotiations are a prerequisite for either party to initiate a lawsuit or arbitration as per these terms. If, after a genuine attempt to negotiate, one of us feels that the dispute has not been resolved and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email before initiating the arbitration.
4. The Arbitration
Unless otherwise provided herein, if a dispute cannot be resolved through informal negotiation, it will be settled exclusively by binding arbitration administered by JAMS in accordance with its then-current rules and procedures ("JAMS Rules"), available at www.jamsadr.com, and the rules outlined in these Terms. In the event of a conflict between the JAMS Rules and the rules in these Terms, the rules in these Terms will prevail.
The arbitration will be conducted in English by a single arbitrator selected in compliance with the JAMS Rules, which will determine the payment of all filing, administrative, and arbitrator fees unless specified differently in this Arbitration Agreement. For U.S. citizens, the arbitration will take place in the state where you reside (with the option for either party to participate in any in-person hearing by telephone or other remote means, as specified below). For citizens outside the United States, the arbitration will be held in Portland, Oregon. If the relief sought is valued at $25,000 or less, the arbitration will be conducted solely based on written submissions. However, either party may request a telephonic or remote arbitration hearing or an in-person hearing, subject to the arbitrator's discretion. Attendance at any in-person hearing may be by telephone or other remote means, unless the arbitrator decides otherwise after hearing from the parties. Recognizing that arbitration is intended to be a swift and cost-effective process, either party may file a dispositive motion to narrow the issues or claims. Except as excluded or waived in these Terms, the arbitrator may grant individual relief or remedies permitted by applicable law. The arbitrator's decision will be in writing, although a statement of reasons will only be provided if requested by a party or required by applicable JAMS Rules. The arbitrator's decision will be final and enforceable in any court with jurisdiction. Unless statutory provisions require otherwise, each party will be responsible for its own attorneys' fees and costs. If the prevailing party is entitled to reimbursement under applicable law, the amount will be determined accordingly.
The resolution of any Dispute will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Oregon, without considering conflicts of laws principles.
5. No Representative Proceedings or Class Actions
Both Omegle and you acknowledge and agree that, to the maximum extent permitted by law, we each waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding regarding all disputes. You and Omegle agree that there will be no class arbitration or arbitration where an individual seeks to resolve a dispute as a representative of another individual or group of individuals. Additionally, you and Omegle agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
If the class action waiver in this Section 10.5 is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable, and the dispute will be resolved by the courts in Multnomah County, Oregon, or the United States District Court for Oregon, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
6. Jury Trial Waiver
Both Omegle and you acknowledge and agree that we each waive the right to a trial by jury for all disputes subject to arbitration and for any dispute that proceeds in court rather than arbitration as provided herein.
7. Severability
Except as given in Section 10.5, if any portion of this arbitration agreement is deemed unlawful or unenforceable, that portion will be removed, and the remainder of the arbitration agreement will remain fully effective. If the arbitrator finds that this Section 10 is unenforceable, invalid, or has been revoked for any claim(s), then the dispute for such claim(s) will be resolved by the courts in Multnomah County, Oregon, or the United States District Court for Oregon, and the parties agree to the exclusive jurisdiction of such courts.
Term, Termination, & Survival
This agreement will remain valid and enforceable for as long as you use the services in compliance with these Terms and any additional applicable rules. Omegle reserves the right to terminate this agreement at any time without notice if we believe you have violated this agreement or Omegle’s Community Guidelines. This includes, but is not limited to, using the services for non-personal purposes, engaging in prohibited activities, or breaching your representations and warranties. Any provisions of this agreement that, by their nature, should continue to apply after termination will do so. These may include ownership provisions, warranty disclaimers, assumption of risk agreements, release of claims, indemnity, limitations of liability, and dispute resolution.