TERMS OF USE
Last Dated: May 24, 2019
Welcome to Omegamorphosis.com! The following terms of use (the “Terms of Use”) constitute an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (collectively, “user”, “you” or “your”) and Omega Morphosis Corporation (collectively, “OM”, “our”, “us” or “we”).
ACCEPTANCE OF TERMS AND CHANGES AND REVISIONS
You accept these Terms of Use by accessing www.omegamorphosis.com and OM’s mobile applications (the “Site”), submitting information to us, or downloading, installing or using any of our content or services.
Please check these Terms of Use whenever you visit the Site as we may change them from time to time and you will be deemed to have accepted these Terms of Use if you continue to access and use any of the Site, content or services after any revisions are posted.
Parents and Legal Guardians of Minors
OM wants everyone regardless of age to enjoy the benefits of our Site, contents and services and the law requires that all persons under the age of majority in their local jurisdiction (a “Minor”) must have their parent or legal guardian accept these Terms of Use on their behalf and take full responsibility for such Minor’s compliance with these Terms of Use. Without such acceptance no Minor is permitted to use the Site, content or services.
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 support@omegamorphosis.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 support@omegamorphosis.com.
INFORMATION COLLECTION, OWNERSHIP AND USE
Privacy
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
Similar to other internet content platforms, you grant OM a perpetual, unrestricted, unlimited, non-exclusive, irrevocable license to fully exploit all content that you generate in connection with the Site, content or services (“UGC”), without notice or compensation to you of any kind. You hereby waive all moral rights in your UGC in favour of OM and its successors and assigns. The license granted to OM and the above waiver of moral rights will survive any termination of these Terms of Use.
PAYMENT TERMS
Our payment terms that govern your Account subscription and all purchases you make through OM are here.
E-COMMERCE TRANSACTIONS
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: support@omegamorphosis.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
Subject to your strict compliance with these Terms of Use, OM grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site, and (ii) services which you have downloaded, installed, purchased or subscribed for, as applicable, on a single computer, mobile device or media platform (the “License”). You shall not acquire any ownership rights in the content or in any of the services or the Site. The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your or OM’s suspension or termination of your Account. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site or services or you otherwise breach these Terms of Use.
COMMUNITY GUIDELINES
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.
Interactive Areas
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: support@omegamorphosis.com.
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:
No Warranties
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.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY INTER-PARTY OR THIRD PARTY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR OR ANY PERMITTED MINOR’S USE OR MISUSE OF THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY BODILY INJURY, DEATH OF ANY PERSON OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, (III) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF ANY LINKED SITES, (IV) YOUR OR ANY PERMITTED MINOR’S PURCHASE OR USE OF ANY VIRTUAL ITEM, AND (V) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.
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.
VIOLATIONS OF TERMS OF USE
You agree that OM may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of OM’s products and services, or any portion thereof, and cancel your Account if OM has reason to believe that you or a permitted Minor have failed to strictly comply with these Terms of Use or that the use of the Site by you or a permitted Minor violates the rights of any third party or any applicable laws. You agree that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of OM’s other remedies, you hereby consent to, and authorize OM to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the requirement to post security or a bond. You further authorize OM to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
DISPUTE RESOLUTION
You and OM agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, any policy or guarantee referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, content or services (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action exclusively in the British Columbia Provincial Court (Small Claims Division) if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property or proprietary rights. You acknowledge and agree that you and OM are each irrevocably waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and OM expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. This "Dispute Resolution" section shall survive any termination of these Terms of Use.
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.
Governing Law
These Terms of Use and your legal relationship with OM shall be governed by and construed in accordance with the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein. These Terms of Use shall not be governed by the application of the United Nations Convention on Contracts for the Sale of Goods and the International Sale of Goods Act (British Columbia). The controlling language of these Terms of Use is English.
GENERAL
International Use
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
The failure of OM to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of OM hereunder shall be cumulative.
Assignment
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.
Enurement
These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Force Majeure
OM will not be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of OM, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyber attacks, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.
Notices
Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms of Use or any policy or guarantee referred to herein, will be in writing and given by OM (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.
Entire Agreement
These Terms of Use, together with the Privacy Policy and any supplemental terms and conditions referred to below, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and OM regarding the Site, Content, Services and the UGC.
Survival
The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.
Relationship
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.
TERMS OF USE
Last Dated: May 24, 2019
Welcome to Omegamorphosis.com! The following terms of use (the “Terms of Use”) constitute an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (collectively, “user”, “you” or “your”) and Omega Morphosis Corporation (collectively, “OM”, “our”, “us” or “we”).
ACCEPTANCE OF TERMS AND CHANGES AND REVISIONS
You accept these Terms of Use by accessing www.omegamorphosis.com
and OM’s mobile applications (the “Site”), submitting information to us, or downloading, installing or using any of our content or services.
Please check these Terms of Use whenever you visit the Site as we may change them from time to time and you will be deemed to have accepted these Terms of Use if you continue to access and use any of the Site, content or services after any revisions are posted.
Parents and Legal Guardians of Minors
OM wants everyone regardless of age to enjoy the benefits of our Site, contents and services and the law requires that all persons under the age of majority in their local jurisdiction (a “Minor”) must have their parent or legal guardian accept these Terms of Use on their behalf and take full responsibility for such Minor’s compliance with these Terms of Use. Without such acceptance no Minor is permitted to use the Site, content or services.
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 support@omegamorphosis.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 support@omegamorphosis.com.
INFORMATION COLLECTION, OWNERSHIP AND USE
Privacy
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
Similar to other internet content platforms, you grant OM a perpetual, unrestricted, unlimited, non-exclusive, irrevocable license to fully exploit all content that you generate in connection with the Site, content or services (“UGC”), without notice or compensation to you of any kind. You hereby waive all moral rights in your UGC in favour of OM and its successors and assigns. The license granted to OM and the above waiver of moral rights will survive any termination of these Terms of Use.
PAYMENT TERMS
Our payment terms that govern your Account subscription and all purchases you make through OM are here.
E-COMMERCE TRANSACTIONS
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: support@omegamorphosis.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
Subject to your strict compliance with these Terms of Use, OM grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site, and (ii) services which you have downloaded, installed, purchased or subscribed for, as applicable, on a single computer, mobile device or media platform (the “License”). You shall not acquire any ownership rights in the content or in any of the services or the Site. The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your or OM’s suspension or termination of your Account. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site or services or you otherwise breach these Terms of Use.
COMMUNITY GUIDELINES
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.
Interactive Areas
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: support@omegamorphosis.com.
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:
No Warranties
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.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY INTER-PARTY OR THIRD PARTY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR OR ANY PERMITTED MINOR’S USE OR MISUSE OF THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY BODILY INJURY, DEATH OF ANY PERSON OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, (III) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF ANY LINKED SITES, (IV) YOUR OR ANY PERMITTED MINOR’S PURCHASE OR USE OF ANY VIRTUAL ITEM, AND (V) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS.
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.
VIOLATIONS OF TERMS OF USE
You agree that OM may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of OM’s products and services, or any portion thereof, and cancel your Account if OM has reason to believe that you or a permitted Minor have failed to strictly comply with these Terms of Use or that the use of the Site by you or a permitted Minor violates the rights of any third party or any applicable laws. You agree that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of OM’s other remedies, you hereby consent to, and authorize OM to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the requirement to post security or a bond. You further authorize OM to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
DISPUTE RESOLUTION
You and OM agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, any policy or guarantee referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, content or services (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action exclusively in the British Columbia Provincial Court (Small Claims Division) if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property or proprietary rights. You acknowledge and agree that you and OM are each irrevocably waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and OM expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. This "Dispute Resolution" section shall survive any termination of these Terms of Use.
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.
Governing Law
These Terms of Use and your legal relationship with OM shall be governed by and construed in accordance with the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein. These Terms of Use shall not be governed by the application of the United Nations Convention on Contracts for the Sale of Goods and the International Sale of Goods Act (British Columbia). The controlling language of these Terms of Use is English.
GENERAL
International Use
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
The failure of OM to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of OM hereunder shall be cumulative.
Assignment
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.
Enurement
These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Force Majeure
OM will not be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of OM, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyber attacks, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.
Notices
Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms of Use or any policy or guarantee referred to herein, will be in writing and given by OM (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.
Entire Agreement
These Terms of Use, together with the Privacy Policy and any supplemental terms and conditions referred to below, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and OM regarding the Site, Content, Services and the UGC.
Survival
The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.
Relationship
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.