Acceptance of Terms.
Use and Restrictions.
You further agree that you will not upload, post or otherwise make available on omcsocial.ca any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through omcsocial.ca or otherwise have the right to grant the licenses to OMC Social Media Promotions set forth in this section, and (ii) the posting of your Submissions on or through omcsocial.ca does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through omcsocial.ca.
When submitting Submissions to or otherwise using omcsocial.ca and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access omcsocial.ca.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions, goals, profiles or comments posted by others on omcsocial.ca.
This list of prohibitions provides examples and is not complete or exclusive. OMC Social Media Promotions reserves the right to (a) terminate your access to your account, your ability to post to omcsocial.ca (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that OMC Social Media Promotions determines is inappropriate or disruptive to omcsocial.ca or to any other user of omcsocial.ca and/or services. OMC Social Media Promotions may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at OMC Social Media Promotions’s discretion, OMC Social Media Promotions will cooperate with law enforcement agencies in any investigation of alleged illegal activity on omcsocial.ca or on the Internet.
If you submit any feedback or ideas about our products and services to omcsocial.ca, you hereby assign and agree to assign to OMC Social Media Promotions all right, title and interest in and to such feedback.
Any Content offered or posted on omcsocial.ca is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, OMC Social Media Promotions reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through omcsocial.ca, at any time and from time to time.
Links to Third Party Websites
omcsocial.ca may contain links to websites and other resources operated by third parties other than OMC Social Media Promotions. Such links are provided solely as a convenience to you. OMC Social Media Promotions does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on omcsocial.ca does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
Warranties and Disclaimer
Limitation of Liability
OMC Social Media Promotions AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF omcsocial.ca, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Copyright and Trademark Infringements
OMC Social Media Promotions respects the intellectual property rights of others, and we ask you to do the same. OMC Social Media Promotions may, in appropriate circumstances and at our discretion, terminate service and/or access to omcsocial.ca for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please submit a notification to us with the following information.
- (a) A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed;
- (b) Specific identification of the material claimed to have been infringed;
- (c) Specific identification of the material that is claimed to be infringing;
- (d) A statement that you believe the use of material in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent;
- (e) A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury; and
- (f) Contact information, such as your physical mailing address, telephone number and an electronic mail address, so that OMC Social Media Promotions can contact you.
Such information must be sent to our copyright agent through our contact form at the Contact page.
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