Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE
By continuing to access or use this site, or any service on this site, you signify your acceptance of these terms and conditions of service. From time to time, osmosus.com may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site.
1. User Consent to Terms and Conditions of Service.
You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") for www.osmosus.com. You further agree: (a) to comply with Canadian law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.
2. Intellectual Property.
This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Canada and other countries. The Service is also protected as a collective work or compilation under Canadian copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
3. Restrictions on Use.
You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of osmosus.com. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by osmosus.com and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of osmosus.com and such others. You agree to protect the proprietary rights of osmosus.com and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by osmosus.com or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify osmosus.com in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the service, except that you may download material from the service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. The analysis and presentation included in the service may not be recirculated, redistributed or published by you without osmosus.com's prior written consent. Modification of the service's content would be a violation of osmosus.com's copyright and other proprietary rights. Additionally, you may not offer any part of the service for sale or distribute it over any other medium including but not limited to satellite, over-the-air or cable television or radio broadcast, a computer network, or linking, deep linking or framing on the internet without the prior written consent of osmosus.com. The service and the information contained therein may not be used to construct a database of any kind, nor may the service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use the service in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of osmosus.com's trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with osmosus.com's consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. You agree to comply with any other applicable terms and conditions of service set forth on the service.
5. Interactive Features.
(A) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials contained in the Service (collectively, the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not osmosus.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. osmosus.com does not control the Content posted via the Service by third-parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will osmosus.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to: (i) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an osmosus.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
(B) By posting messages, uploading files, or otherwise providing any material to us for display on the Service, you are granting osmosus.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication and you further hereby agree to waive all moral rights in respect of any material or communications provided by you in favour of osmosus.com and any of its agents or contractors, successors or assigns. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
(C) osmosus.com shall have the right, but not the obligation, to monitor the content of osmosus.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by osmosus.com and to satisfy any law, regulation or authorized government request. Osmosus.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on osmosus.com. Without limiting the foregoing, osmosus.com shall have the right to remove any material that osmosus.com, in its sole discretion, finds to be in violation of the provisions of the TOS or otherwise objectionable.
6. License.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by osmosus.com ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
7. Rights Reserved.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and osmosus.com, at all times be and remain the sole and exclusive property of osmosus.com. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to osmosus.com for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use osmosus.com's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without osmosus.com's prior written approval.
8. Fees and Payments.
osmosus.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time osmosus.com requires a fee for portions of the Service or the Service as a whole, osmosus.com will require you to modify your existing account to facilitate payment. In no event will you be charged for access to portions of the Service or to the Service unless osmosus.com obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by osmosus.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless osmosus.com receives all fees and charges payable by you, including the Prepaid Fee.
9. Registration and Account Creation.
As part of the registration and account creation process necessary to obtain access to the Service, you will select a subscriber identification ID and a password. You will provide osmosus.com with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID or password that osmosus.com, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify osmosus.com at support@osmosus.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other information. You are solely responsible for all usage or activity on your osmosus.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in osmosus.com's sole discretion, and osmosus.com may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to support@osmosus.com. Upon termination, you will receive an confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred, if applicable up to the time the account is terminated.
10. Disclaimer and Limitation of Liability.
(A) You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, Content, services, goods or advertisements (the "Items") are provided "AS IS" and that osmosus.com makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. osmosus.com does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that osmosus.com, its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of osmosus.com, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against osmosus.com by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by osmosus.com. osmosus.com is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. osmosus.com does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. osmosus.com is also not responsible for the reliability or continued availability of the telephone, cable or other lines or equipment you use to access the Service. You understand that osmosus.com and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(B) You acknowledge that (i) the Service is provided for information purposes only and is not intended for trading purposes. (ii) osmosus.com does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (iii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which osmosus.com is a party. Accordingly, anything to the contrary herein set forth notwithstanding, osmosus.com, its officers and employees, parent, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i)inaccuracies or errors in or omissions from the Service. (i)delays, errors or interruptions in the transmission or delivery of the Service; or (ii)loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(C) Under no circumstances, including but not limited to negligence, shall osmosus.com, its suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an osmosus.com authorized representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the TOS, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall osmosus.com's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or gross negligence) exceed the greater of the amount paid by you, if any, for accessing this site or one hundred dollars in Canadian funds.
11. Representations and Warranties.
ou represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least fourteen (14) years old or have obtained parental or guardian permission to enter into this agreement; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
12. Indemnification.
You agree, at your own expense, to indemnify, defend and hold harmless osmosus.com and its employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against osmosus.com, its employees, representatives, suppliers and agents, by a third party, arising out of any communications or materials you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, legal fees and costs on a solicitor and own-client basis awarded against or otherwise incurred by osmosus.com in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. This indemnification and hold-harmless shall survive termination of the TOS.
13. Termination.
Either you or osmosus.com may terminate the TOS with or without cause at any time and such termination shall be effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. These TOS will terminate immediately without notice from osmosus.com if you, in osmosus.com's sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by osmosus.com, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through twelve (2-12) and fourteen through nineteen (14-19) shall survive any termination of the TOS.
14. Governing Law.
These TOS shall be governed and construed in accordance with the laws of Canada and the Province of British Columbia, without giving effect to conflicts-of-law principles thereof. You agree to attorn to the jurisdiction of the courts of Vancouver, British Columbia, Canada with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
15. Access Outside Canada.
osmosus.com does not represent that materials in the Service are appropriate or available for use in countries outside Canada. If you choose to access the Service from outside Canada, you are responsible for compliance with foreign and local laws.
16. Miscellaneous.
You accept that osmosus.com has the right to change the content or technical specifications of any aspect of the Service at any time at osmosus.com's sole discretion. You further accept that such changes may result in your being unable to access the Service.
17. Headings.
The section titles in the TOS are used solely for the convenience of you and osmosus.com and have no legal or contractual significance.
18. Severability.
If any provision or portion of any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in full force and effect.
19. Entire Agreement.
The TOS and any other terms and conditions of service on www.osmosus.com, and its successor, constitute the entire agreement between you and osmosus.com and govern your use of the Service.
20. Intellectual Property Issues.
General Inquiries: Please send general inquiries regarding intellectual property issues to
osmosus.com respects the rights of all copyright holders and in this regard, osmosus.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the osmosus.com Copyright Agent the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party;
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
osmosus.com's representative for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Attn: Benjamin Slager
2620 Royal Centre
1955 West Georgia Street
Vancouver, BC
Canada
V6E 3R5
21. Terms of Use of YellowBrix Content
In addition to agreeing to the foregoing Terms Of Service, when using content provided by Yellowbrix Inc within The Service you expressly agree to the following:
Neither YellowBrix nor any third-party licensor shall have any liability for the accuracy or completeness of the information provided by YelloBrix on the Service (the “YellowBrix Service”) or any component thereof or for delays, unauthenticity, omissions or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including without limitation, any lost profits, indirect, special or consequential damages. Either YellowBrix or third-party licensors have exclusive proprietary rights in the information received via the YellowBrix Service. You shall not use or permit anyone to use the information provided through the YellowBrix Service for any unlawful or unauthorized purpose. You are not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of YellowBrix. Provision of the information on the YellowBrix Service is subject to termination in the event that any agreement between a third-party licensor and a provider of information distributed through the YellowBrix Service is terminated in accordance with its terms. YellowBrix, third-party licensors and their subsidiaries, affiliates, information providers and content partners shall have no liability for investment or other decisions based on the information provided hereby.