Last Dated: May 24, 2019
ACCEPTANCE OF TERMS AND CHANGES AND REVISIONS
Parents and Legal Guardians of Minors
USE OF SERVICES AND YOUR ACCOUNT
Your Account and Security
To learn about and understand the personal information that OM collects about you and what we do with it see our Privacy Guarantee.
You are responsible for all activities under your OM account (“Account”) and shall to notify us immediately at email@example.com if you suspect any unauthorized use of your Account login information, your Account(s), or any other security breach involving your Account(s), the Site or the Services. OM strives to ensure the security of users’ data, UGC (defined herein) and Accounts; however, we cannot guarantee that unauthorized third parties will not circumvent our security measures. To learn about OM’s security measures, and a list of frequently asked questions and answers click here.
Consent to Receive Communications
You consent to receive electronic communications from OM. To opt in or opt out of receiving various electronic communications in your use of the Site email firstname.lastname@example.org.
INFORMATION COLLECTION, OWNERSHIP AND USE
You must consider every piece of information that you provide to OM as being available to the public. Any information that you don't want shared with the public you must not submit to OM. For more information see our Privacy Guarantee.
User Generated Content
Our payment terms that govern your Account subscription and all purchases you make through OM are here.
Similar to the tokens and tickets you may purchase at local fairs or carnivals, OM may offer for sale “virtual” items such as virtual currency, tokens, points, or the like, all for use within the Site, content or services, plus free downloadable content, and other virtual in-media items (“Virtual Items”). You acknowledge that Virtual Items are not real items. REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRE THE VIRTUAL ITEMS OR THE CONSIDERATION PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS.
If you have any issues with Virtual Items or e-commerce, our e-commerce policy is available here.
CONTENT OWNERSHIP AND USE
All content displayed on the Site, including UGC, and any and all creative ideas, notes, drawings, suggestions or other information that you may provide to OM, whether solicited or unsolicited, as a user or otherwise (“Feedback”), is the property of OM or our content partners and third party licensors, including all intellectual property rights therein, without providing any compensation to you or any other person and without any liability whatsoever.
You acknowledge that you are legally responsible for the UGC that you submit, post or otherwise make available on or through the Site or services and that you are prohibited from using any trademarks, logos, signs, symbols, images or brands (“Marks”) for any purpose whatsoever without the written permission of OM or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks.
You hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to OM and irrevocably waive all moral rights you may have therein.
You may submit Feedback through use of the "Feedback" button found on each page or via email at: email@example.com.
User Generated Content Retention
You acknowledge and accept that when you make something publicly available on the internet, it becomes practically impossible to take down all copies of it in the future.
Limited End User License
Community Values and Moral Standards
OM adheres to applicable international, federal, provincial, state and local laws and regulations and certain values and moral standards (the “Standards”), and requires that each user conduct themselves in accordance with the Standards while using the Site, content or services. These Standards can be found on our website here.
Some of the Services we provide include forums (the “Interactive Areas”) which are often public. We may, but do not always, monitor these Interactive Areas and take no responsibility for the User Generated Content in the Interactive Areas, another member's failure to comply with the Standards, or for any loss or damage as a result of interaction with other community members.
Please report any content you believe violates the Standards to OM at: firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
Violation of Third Party Rights and Restoration of Removed Content
Your use of the Site, content and services cannot not violate or infringe upon the rights of any third party including, any intellectual property rights. To provide us with notice of alleged copyright infringement or if you have received notice that your content is alleged to violate the intellectual property rights of a third party and to provide us with a response in writing, see our policy here.
LINKED SITES AND THIRD PARTY SERVICES
OM prohibits caching unauthorized hypertext links to the Site and the framing of any content available through the Site. OM reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to any Linked Sites is at your own risk.
OM takes no responsibility for your access to or use of the content or services through or on any third party device or service not controlled by OM. You are responsible for conducting your own due diligence into any third party products or services available through the Site and any decision you make in respect thereof.
WARRANTIES AND LIMITATION OF LIABILITY
Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the below disclaimers, limitations and exclusions may not apply to you:
ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE, CONTENT OR SERVICES OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF ACCURACY, SUITABILITY, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability for Use of the Site, Content and Linked Sites
OM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR INACCURACIES OR ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND ANY DESCRIPTIONS OF THE FOREGOING PUBLISHED ON THE SITE OR A LINKED SITE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF OM TO YOU FOR ANY MATTER OR THING ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, CONTENT OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO OM IN THE CALENDAR YEAR IN WHICH YOU SUFFERED OR INCURRED A LOSS.
Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT OM IS A MERE INTERMEDIARY FOR THE CONTENT PROVIDERS AND SUPPLIERS OF THIRD PARTY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE, CONTENT, SERVICES OR A LINKED SITE. OM is not responsible for your use of SUCH CONTENT, PRODUCTS AND SERVICES AND you accept that your access to and use of ALL SUCH CONTENT, PRODUCTS AND SERVICES shall be at your sole risk and expense. YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE OM AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WITH RESPECT TO THE SAME INCLUDING ANY BODILY INJURY, DEATH OF ANY PERSON OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY.
WITHOUT EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE SUCH MATTER. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
Any arbitration to be conducted pursuant to this "Dispute Resolution" section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. The venue of the arbitration shall be Vancouver, British Columbia, Canada.
This Site is operated from and OM is headquartered in the Province of British Columbia, Canada. By electing to access this Site, Content or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, Content or Services is in compliance with all laws applicable within that other jurisdiction. OM makes no representation that materials, products and services available on or through the Site, Content or Services are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Site, Content or Services from any jurisdiction in which the Content is illegal or accessing the Site, Content or Services is illegal. You may not use, export or re-export any materials from this Site, Content or Services in violation of any applicable laws or regulations.
Waiver and Severability
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of OM, which consent may be withheld in OM’s sole discretion, and any attempted assignment in violation of the foregoing is void. OM may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site or the business and undertaking of OM.
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.