TERMS AND CONDITIONS
Welcome to the Terms and Conditions for the One Million United Website (hereinafter
referred as “the Agreement”). This Agreement describes the terms and conditions
applicable to your use of our services available under the domain and subdomains
of www.onemillionunited.com (the "Site")
and the general principles for the websites. If you do not agree to be bound by
the terms and conditions of this Agreement, do not use the Site or access our services.
By accessing or using our website at www.onemillionunited.com,
you (the “User”) signify that you have read, understand and agreed to be bound by
this Agreement, whether or not you are create a profile or not.
You must read, agree with and accept all of the terms and conditions contained in
this Agreement and the Privacy Policies, which include those terms and conditions
expressly set out below and those incorporated by reference, before you may create
a profile of One Million United. We strongly recommend that, as you read this Agreement,
you also access and read the information contained in the other pages and websites
referred to in this document, as they may contain further terms and conditions that
apply to you as User. Please note that underlined words and phrases are links to
these pages and websites.
We reserve the right, at our sole discretion, to change, modify, add, or delete
portions of this Agreement at any time, without further notice. If we do this, we
will post the changes to this Agreement on this page and will indicate at the top
end of the page the date of modification of the said terms contained in this Agreement.
Your continued use of Service of the Site after any such modifications will constitute
your acceptance of the new Agreement. If you do not agree to abide by these or any
future Agreement, do not use or access (or continue to use or access) the Site.
If you are dissatisfied with this Agreement of the One Million United Web Site,
your sole and exclusive remedy is to discontinue using it. It is your responsibility
to regularly check the Site to determine if there have been changes to this Agreement
and to review such changes.
We would be grateful if you can read this Agreement very carefully as it contains
important information relatively to the legal rights of all parties, remedies and
obligations as well as various limitation and exclusions and the governing law and
jurisdiction of the Site.
Ownership
All materials displayed or otherwise accessible through the Site, including, without
limitation, news, articles, text, photographs, images, illustrations, audio clips,
video clips, computer software and code (collectively hereinafter “the Content”)
are protected under Canadian and foreign copyright or other laws, and are owned
by One Million United, its licensors or the party accredited as the provider of
the Content. In addition, the Site is protected under copyright law as a collective
work and/or compilation pursuant to Canadian and foreign laws. You shall abide by
all additional copyright notices, information and restrictions on or contained in
any of the Content accessed through the Site. ANY USE, REPRODUCTION, ALTERATION,
MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET,
TANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE SITE OR ANY CONTENT, WHETHER
IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT
THE EXPRESS WRITTEN PERMISSION OF ONE MILLION UNITED.
Disclaimer of Warranties
The Site and all content is provided as is. By accessing and using the Site you
acknowledge and agree that use of the Site and the content is at your own risk.
One Million United makes no representations or warranties regarding the Site and
the Content, including, without limitation, no representation or warranty (1) that
the Site and or Content will be accurate, complete, reliable, suitable or timely;
(2) that any Content, including without limitation, any information, data, software,
products or services contained in or made available through the Site will be of
merchantable quality of fit for a particular purpose; (3) that the operation of
the Site will be uninterrupted or error free; (4) that defects or errors in the
Site will be corrected; (5) that the site will be free from viruses or harmful components;
and (6) that communications to or from the Site will be secure or not intercepted.
Limitation of Liability
Subject to applicable law, in no event, shall One Million United, its officers,
directors, employees, agents, licensors or their respective successors and assigns,
be liable for any special, indirect, incidental or consequential damages of any
kind, including, without limitation, any loss or damages in the nature of or relating
to lost business, lost savings, lost data and/or lost profits, regardless of the
cause and whether arising in Contract (including fundamental breach), tort (including
negligence) or otherwise. The foregoing limitation shall apply even if One Million
United knew or of ought to have known of the possibility of such damages.
In no event shall One Million United, its officers, directors, agents, licensors
or their respective successors and assigns, be liable for damages under this Agreement,
whether arising in contract (including fundamental breach), tort (including negligence)
or otherwise, exceeding one Canadian Dollar (1$CND) for Canadian Residents and exceeding
One American Dollar (1$US) for residents of all other countries even if One Million
United has been advised or ought to have known of the possibility of such damages.
In no event shall One Million United, its officers, directors, employees, agents,
licensors or their respective successors and assigns, be liable for any loss or
damage arising from the failure of One Million United.
One Million United expressly disclaims any and all liability for the acts, omissions
or conduct of any third-party user of this Site or any advertiser or sponsor of
the Site (collectively hereinafter “Third-Party User”) under no circumstances shall
One Million United and its officers, directors, employees, agents, licensors, be
liable for any injury, loss, damage (including special indirect, incidental or consequential
damages) or expense arising in any manner whatsoever from (1) the acts, omissions
or conduct of any Third-Party User; and (2) any use or inability to use any materials,
software, content, good or services located at or made available at any website
linked to our from the Site.
If you decide to access or use any linked website or content, materials, software,
goods or services from a website linked to the Site, you do so entirely at your
own risk.
You hereby release, One Million United and its officers, directors, employees, agents
and their respective successors and assigns, from any damages that you incur, and
agree not to assert any claims against them, arising from your purchase or use of
any products or services made available through the Site or by third parties though
the Site.
No advice
The information contained on the Site is for informational purposes only. It is
not intended to provide legal, accounting, tax, investment, financial, medical or
other advice to you, and you should not rely upon the information to provide any
such advice.
The objective of our Site is to create one picture of one million people which will
then be auctioned off on eBay to the highest bidder at a starting price of one million
dollars (1,000,000.00$). Once the auction has been completed, One Million United
will donate 90% of the money made from the said auction to the top three (3) user-voted
International Non-Profit Organizations who sign up through the Site and qualify.
The final bidding sale amount will entail the highest bidder to 90% license of the
final picture. 10% of the license will belong to One Million United. The highest
bidder will have full rights to the final picture as long as the individual picture
contained in one quadrant is not altered, changed, modified, or portions whereof
added, or deleted.
Linking
The Site contains links to third-party website. These links are provided solely
as a convenience to you and not as an endorsement by One Million United of the contents
of such third-party websites. One Million United is not responsible for the content
of any third-party website, nor does it make any representation or warranty of any
kind regarding any third-party website including, without limitation (1) any representation
or warranty regarding the legality, accuracy, reliability, completeness, timeliness,
suitability of any content on any third-party website; (2) any representation or
warranty regarding the merchantability or fitness for a particular purpose of any
material, content, software, goods or services located at or made available through
such third-party websites; or (3) any representation or warranty that the operation
of the third-party website will be uninterrupted or error free, that defects or
errors in such third-party websites will be corrected or that such third-party websites
will be free from viruses or other harmful components.
While One Million United encourages links to the Sites, it does not wish to be linked
to or from any third-party website which (1) contains, posts or transmits any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including, without limitation, any content
constituting or encouraging conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state, provincial, national
or international law, regulation, which may be damaging or detrimental to the activities,
operations, credibility or integrity of One Million United or which contains, posts
or transmits any material or information of any kind which promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual, could be harmful
to minors, harasses or advocates harassment of another person, provides material
that exploits people under the age of 18 in a sexual or violent manner, provides
instructional information about illegal activities, including, without limitation,
the making or buying of illegal weapons; or (2) contains, posts or transmits any
information, software or other material which violates or infringes upon the rights
of others, including material which is an invasion of privacy or publicity, rights,
or which is protected by copyright, trademark or other proprietary rights. One Million
United reserves the right to prohibit or refuse to accept any link to the Site,
including, without limitation, any link which contains or makes available any content
or information of the foregoing nature, at any time. You agree to remove any link
you have on the website upon the request of One Million United.
Software Licenses and Ownership
All software embedded in or located on or at Site, including, without limitation,
all computer code of all types, including all files and/or images contained in or
generated by such software (Software) is protected by copyright and may be protected
by other rights. All such Software is owned by One Million United, its licensors
or the party accredited with ownership of such Software. You are hereby granted
the right to access and use the Software embedded and integrated into the Site,
subject to (1) the terms and conditions of this Agreement, and (2) any additional
conditions which may be imposed on your access and use of such Software.
If the Site provides Software for download, unless otherwise provided, you are hereby
granted, subject (1) to the terms of this Agreement and (2) to any other terms and
conditions that may apply to your downloading and use of such Software, a personal,
non-transferable, non-exclusive license to (1) install and run one copy of the Software
in object-code format on a non-networked computer for your personal, non-commercial
use; and (2) to reproduce the Software only as reasonably required to install, run
and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (1) use,
reproduce, modify, adapt, translate, upload, download or transmit the Software in
whole or in part; (2) sell, rent, lease, license, transfer or otherwise provide
access to the Software; (3) alter, remove or cover any trademarks or proprietary
notices included in the Software; and/or (4) decompile, disassemble, decrypt, extract
or reverse engineer the Software or assist others in doing so.
Nothing contained in the Site shall be construed as granting you any right, title,
interest or other license in or to any Software embedded or integrated into the
Site or made available for download from the Site, including, but not limited, to
any intellectual property rights in the Software.
All Software embedded or integrated into the Site is provided As Is, without warranties
of any kind, either expressed or implied, including, without limitation, any warranty
(1) that the Software is of merchantable quality or is fit for any particular purpose;
(2) that the Software will conform with any specification(s) relating to the Software;
(3) that the Software will be free from material defects; (4) that the Software
contains no computer viruses or other contaminants; or (5) that the Software shall
process date-related and time-related data without causing any processing interruptions,
abnormal termination or process or manipulate any time-related data.
Submissions
The Site may provide features that allow you to post messages and content, to interact
with One Million United and other users and to upload files, documents or other
materials (collectively, Submissions). When using any of the features of the Site
which allow you to post, upload or make Submissions, it is a condition of your use
of the Site that you observe the rules of netiquette and that you do not: (1) restrict
or inhibit any other user from using and enjoying the Site, interfere or attempt
to interfere with the proper workings of the Site or do anything which in the sole
discretion of One Million United imposes an unreasonable or disproportionately large
load on the One Million United Site infrastructure; (2) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including, without limitation, any Submission
constituting or encouraging conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state, provincial, national
or international law or regulation; (3) post or transmit any Submission, including,
without limitation, articles, images, stories, software or other material, which
violates or infringes upon the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected by any intellectual
property rights, including, without limitation, copyright, patent, trade secret,
trademark or other proprietary rights herein, or derivative works with respect thereto,
without first obtaining permission from the owner or rights holder; (4) post or
transmit any Submission that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual, could be harmful to minors, harasses or
advocates harassment of another person, provides material that exploits people under
the age of 18 in a sexual or violent manner, provides instructional information
about illegal activities, including, without limitation, the making or buying of
illegal weapons; (5) post or submit any Submission which solicits passwords or personal
identifying information for commercial or unlawful purposes from other users; (6)
post or transmit any Submission which contains a virus or other harmful component,
or provides or creates computer viruses; (7) post or transmit junk mail, chain letters,
unsolicited mass mailing or spam; or (8) use the Site for commercial purposes, including,
without limitation, posting, uploading or transmitting any Submissions which contain
advertising or which engage in commercial activities and/or sales, or which involve
contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By posting or uploading Submissions to the Site, you grant One Million United a
royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license
to: (1) use, reproduce, store, adapt, translate, modify, make derivative works from,
transmit, distribute, publicly perform or display such Submissions for any purpose;
and (2) to sublicense to third parties the unrestricted right to exercise any of
the foregoing rights and also use all pertaining information for, namely, billing
and/or statistical purposes In addition to the grant of the above license, you hereby
(1) agree to waive all moral rights in any Submission in favor of One Million United;
(2) consent to your name, address and appearing as the contributor of any Submission,
where applicable, and to the disclosure and/or display of such information and any
other information which appears in or is associated with a Submission; (3) acknowledge
and agree that One Million United is not responsible for any loss, damage, or corruption
that may occur to your Submissions; and (4) acknowledge and agree that any Submissions
you provide for display on the Site will be considered non-confidential.
One Million United shall review Submissions before they are posted. One Million
United may refuse to post any Submission to the Site. One Million United reserves
the right, in its sole discretion, to edit or remove any Submission, whether or
not the Submission is in violation of the provisions hereof or otherwise objectionable.
You acknowledge and agree that One Million United may, in its sole discretion, monitor
the Site periodically and disclose any information as necessary to satisfy any law,
regulation or other governmental or Court request, to operate the Site properly
or to protect itself or other users of the Site. Any such disclosure shall be in
accordance with One Million United’s Privacy Policy.
Should One Million United decide to remove any submission that ought to (1) restrict
or inhibit any other user from using and enjoying the Site, interfere or attempt
to interfere with the proper workings of the Site or do anything which in the sole
discretion of One Million United imposes an unreasonable or disproportionately large
load on the One Million United Site infrastructure; (2) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including, without limitation, any Submission
constituting or encouraging conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state, provincial, national
or international law or regulation; (3) post or transmit any Submission, including,
without limitation, articles, images, stories, software or other material, which
violates or infringes upon the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected by any intellectual
property rights, including, without limitation, copyright, patent, trade secret,
trademark or other proprietary rights herein, or derivative works with respect thereto,
without first obtaining permission from the owner or rights holder; (4) post or
transmit any Submission that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual, could be harmful to minors, harasses or
advocates harassment of another person, provides material that exploits people under
the age of 18 in a sexual or violent manner, provides instructional information
about illegal activities, including, without limitation, the making or buying of
illegal weapons; (5) post or submit any Submission which solicits passwords or personal
identifying information for commercial or unlawful purposes from other users; (6)
post or transmit any Submission which contains a virus or other harmful component,
or provides or creates computer viruses; (7) post or transmit junk mail, chain letters,
unsolicited mass mailing or spam; or (8) use the Site for commercial purposes, including,
without limitation, posting, uploading or transmitting any Submissions which contain
advertising or which engage in commercial activities and/or sales, or which involve
contests, sweepstakes, barter, advertising, and/or pyramid schemes, One Million
United reserves the right not reimburse the price paid for the upload of the picture.
One Million United is not responsible for the content of any Submission. Submissions
represent the views and opinions of the person(s) posting the Submission and do
not represent the views or opinions of One Million United.
While One Million United is under no obligation to investigate any complaint regarding
any Submission, it may, in its sole discretion, investigate complaints and take
any actions it deems appropriate in the circumstances, including, without limitation,
removing the offending communication from the Site and terminating the submitting
party's right to access and use the Site (or any portion thereof).
Acceptance of Terms of Use of RSS/XML FEEDS
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. One Million
United owns and operates these RSS/XML feeds (individually and collectively designated
the “One Million United Feed”) you have specifically selected. This Terms of Use
Agreement (this “Agreement”) states the terms and conditions under which you may
access and use the One Million United Feed. By accessing and using the One Million
United Feed you are indicating your acceptance to be bound by the terms and conditions
of this Agreement. If you do not accept these terms and conditions, you must not
access or use the One Million United Feed. IF YOU ARE DISSATISFIED WITH THE TERMS,
CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE ONE MILLION UNITED OPERATING
THIS ONE MILLION UNITED FEED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
IT. One Million United may revise this Agreement at any time by updating this posting.
Use of the One Million United Feed after such changes are posted will signify your
agreement to these revised terms. You should visit this posting periodically to
review this Agreement.
Ownership of RSS/XML Feeds
This One Million United Feed and all materials displayed or otherwise accessible
through the One Million United Feed, including, without limitation, headlines, links,
other source identifiers, articles, text, trade marks, computer software and code
(individually or collectively, the “One Million United Feed Content”) are protected
under Canadian and foreign copyright or other laws, and are owned by One Million
United, its licensors or the party accredited as the provider of the One Million
United Feed Content. You shall abide by all additional copyright notices, information
and restrictions on or contained in any of the One Million United Content accessed
through the One Million United Feed. Without limiting the generality of the foregoing,
you acknowledge and agree that the One Million United Feed and Feed Content may
not be used or reproduced except as provided herein without the consent of by One
Million United.
License
Subject to the restrictions, warranties and undertakings herein, One Million United
grants you a non-exclusive, non-transferable, non-assignable and revocable license
authorizing you to reproduce and download the One Million United Feed and Feed Content
on your personal computer/website under the exclusive title of "One Million United
Feeds", for the English version.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY,
UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION
OF THE ONE MILLION UNITED FEED OR OF ANY ONE MILLION UNITED FEED CONTENT, WHETHER
IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT
THE EXPRESS WRITTEN PERMISSION OF ONE MILLION UNITED. WITHOUT LIMITING THE GENERALITY
OF THE RESTRICTIONS ABOVE, YOU SHALL NOT PROVIDE ACCESS TO THE ONE MILLION UNITED
FEED OR FEED CONTENT FROM ANY MOBILE WIRELESS SERVICES OR ANY INTERACTIVE TELEVISION
SERVICE.
Integrity
You undertake to respect the integrity of the One Million United Feed and Feed Content
and One Million United trade marks. Furthermore, you undertake not to place the
One Million United Feed and Feed Content in a context which would alter its meaning
and such One Million United Feed and Feed Content must be clearly separate from
any other content not provided by One Million United.
Hyperlinks
Each One Million United Feed and Feed Content reproduced on your website already
includes a clickable hyperlink to the complete news item on the One Million United
website, which hyperlink must be used “as is” and may not be removed under any circumstances.
You acknowledge that the One Million United Feed must link and redirect to the appropriate
One Million United website and page when a user clicks on the One Million United
Feed Content (e.g. a headline). You shall not display the One Million United Feed
Content in such a manner that does not allow for successful linking and redirection
to, and delivery of the appropriate One Million United website and page, nor may
you frame any One Million United Web page. Each One Million United Feed is headed
by the One Million United logo, for the English version.
Framing
You undertake not to frame either the One Million United Feed or Feed Content.
Guarantees
You represent and warrant that:
- you are an individual and over 18 years of age;
- you will use the One Million United Feed and Feed Content exclusively for your own
personal, private and non-commercial use, for consultation only and only as authorized
hereunder
- you are entitled to conclude this Agreement;
- you will not do any promotion or advertising involving One Million United, the One
Million United Feed or Feed Content unless it is specifically on the Site and through
the promotional tools contained on the “Spread the Word” section. Any other types
of promotion or advertising involving One Million United will require the prior
written authorization of One Million United;
- you will not remove, conceal or obliterate any copyright or other proprietary notice
or any credit-line or date-line or other mark or source identifier included on the
One Million United Feed and Feed Content, including without limitation, the size,
colour, location or style of One Million United 's trade mark .
Trade marks
All trade marks contained on or displayed through the One Million United Feed are
official marks or trade marks of the One Million United. Nothing contained on or
displayed through the One Million United Feed or accessible through the One Million
United Feed should be construed as granting you any license or right to use any
trade mark, logo or design of One Million United or any third party, without the
written permission of One Million United or the respective owner of any third-party
trade mark.
DISCLAIMER OF WARRANTIES
THE ONE MILLION UNITED FEED AND ALL ONE MILLION UNITED FEED CONTENT IS PROVIDED
AS IS. BY ACCESSING AND USING THE ONE MILLION UNITED FEED YOU ACKNOWLEDGE AND AGREE
THAT USE OF THE ONE MILLION UNITED FEED AND THE ONE MILLION UNITED FEED CONTENT
IS ENTIRELY AT YOUR OWN RISK. ONE MILLION UNITED MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE ONE MILLION UNITED FEED AND THE ONE MILLION UNITED FEED CONTENT, INCLUDING,
WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (1) THAT THE ONE MILLION UNITED
FEED AND/OR ONE MILLION UNITED FEED CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE,
SUITABLE OR TIMELY; (2) THAT ANY ONE MILLION UNITED FEED CONTENT, INCLUDING, WITHOUT
LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR
MADE AVAILABLE THROUGH THE ONE MILLION UNITED FEED WILL BE OF MERCHANTABLE QUALITY
OR FIT FOR A PARTICULAR PURPOSE; (3) THAT THE OPERATION OF THE ONE MILLION UNITED
FEED WILL BE UNINTERRUPTED OR ERROR FREE; (4) THAT DEFECTS OR ERRORS IN THE ONE
MILLION UNITED FEED WILL BE CORRECTED; (5) THAT THE ONE MILLION UNITED FEED WILL
BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (6) THAT COMMUNICATIONS TO OR FROM
THE ONE MILLION UNITED FEED WILL BE SECURE OR NOT INTERCEPTED.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL ONE MILLION UNITED, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS,
LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER
ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ONE MILLION UNITED KNEW
OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ONE MILLION UNITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER
THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE EVEN IF ONE MILLION UNITED HAS BEEN ADVISED
OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ONE MILLION UNITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS ASSUME ANY LIABILITY FOR YOUR
ACTIVITY IN CONNECTION WITH THE ONE MILLION UNITED FEED AND FEED CONTENT.
ONE MILLION UNITED EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS
OR CONDUCT OF ANY THIRD-PARTY USER OF THE ONE MILLION UNITED FEED OR ANY ADVERTISER
OR SPONSOR OF THE ONE MILLION UNITED FEED, AS THE CASE MAY BE, (INDIVIDUALLY OR
COLLECTIVELY “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL ONE MILLION UNITED
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY,
LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES)
OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (1) THE ACTS, OMISSIONS OR CONDUCT
OF ANY THIRD-PARTY USER; AND (2) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE,
ONE MILLION UNITED CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY
FEED LINKED TO OR FROM THE ONE MILLION UNITED FEED.
No advice
The information contained on the One Million United Feed is for informational purposes
only. It is not intended to provide legal, accounting, tax, investment, financial,
medical or other advice to you, and you should not rely upon the information to
provide any such advice.
Netiquette and Linking
When using any of the features of the One Million United Feed, it is a condition
of your use of the One Million United Feed that you observe the rules of netiquette
and that you do not: (1) restrict or inhibit any other user from using and enjoying
the One Million United Feed, interfere or attempt to interfere with the proper workings
of the One Million United Feed in the sole discretion of One Million United; (2)
post or transmit in connection with the One Million United Feed and that One Million
United not be linked to or from, or associated with, (a) any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
material of any kind or material which may be damaging or detrimental to the activities,
operations, credibility or integrity of One Million United, (b) any material which
violates or infringes the rights of others, including material which is an invasion
of privacy or publicity rights or which is protected by any intellectual property
rights or other proprietary rights, (c) any material which promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual, could be harmful
to minors, harasses or advocates harassment of another person, exploits people under
the age of 18 in a sexual or violent manner, provides instructional information
about illegal activities, including, without limitation, the making or buying of
illegal weapons, (d) any material which solicits passwords or personal identifying
information for commercial or unlawful purposes from other users, contains a virus
or other harmful component, or provides or creates computer viruses, constitutes
junk mail, chain letters, unsolicited mass mailing or spam; (3) use the One Million
United Feed for commercial purposes, including, without limitation, posting, uploading
or transmitting any submissions which contain advertising or which engage in commercial
activities and/or sales, or which involve contests, sweepstakes, barter, advertising,
and/or pyramid schemes. One Million United reserves the right to prohibit or refuse
to accept any link to the One Million United Feed and/or Feed Content, including,
without limitation, any link which contains or makes available any content or information
of the foregoing nature, at any time. You agree to remove any link you may have
to the One Million United Feed and/or Feed Content upon the request of One Million
United.
You acknowledge and agree that One Million United may, in its sole discretion, monitor
the One Million United Feed periodically and disclose any information as necessary
to satisfy any law, regulation or other governmental or Court request, to operate
the One Million United Feed properly or to protect itself or other users of the
One Million United Feed. Any such disclosure shall be in accordance with One Million
United 's Privacy Policy. Please Read our Privacy Policy.
YOU WILL NOT ATTEMPT TO HIDE YOUR IDENTITY, REPRESENT YOURSELF AS SOMEONE ELSE,
COMPROMISE OR ATTEMPT TO COMPROMISE THE SECURITY OF ANY ACCOUNT. IF YOU USE, OR
ATTEMPT TO USE, ANY ONE MILLION UNITED FEED OR FEED CONTENT BEYOND THE SCOPE OF
THE LICENSE GRANTED IN THIS AGREEMENT, OR BEYOND THE SCOPE EXPRESSLY GRANTED BY
ONE MILLION UNITED , OR ATTEMPT TO, TAMPER, HACK, SPOOF, USE ROBOTS OR SCRIPTS,
COPY, DISTRIBUTE, STORE, MODIFY, OR OTHERWISE CORRUPT THE ADMINISTRATION, SECURITY,
OR PROPER FUNCTION OF ANY PART OF THE ONE MILLION UNITED FEED OR FEED CONTENT, THEN,
IN ADDITION TO TERMINATION OF THIS AGREEMENT, YOU MAY BE SUBJECT TO APPROPRIATE
LEGAL AND EQUITABLE ACTION.
Indemnity
You agree to indemnify, defend and hold harmless One Million United and its officers,
directors, employees, agents, licensors and their respective successors and assigns,
from and against any and all claims, demands, liabilities, costs or expenses whatsoever,
including, without limitation, legal fees and disbursements resulting directly or
indirectly from: (1) your breach of any of the terms and conditions of this Agreement;
(2) your access, use or inability to access or use the One Million United Feed or
any One Million United Feed Content or other RSS Feed to which the One Million United
Feed is or may be linked to from time to time; (3) your use of, reliance on, publication,
communication or distribution, uploading or downloading of anything on or from the
One Million United Feed; and/or (4) your violation of any law or regulation.
Security
Please note that information sent or received over the Internet is generally not
secure and One Million United cannot and does not make any representation or warranty
concerning security of any communication to or from the One Million United Feed
or any representation or warranty regarding the interception by third parties of
personal or other information.
Termination
One Million United may at any time, without notice, in its sole discretion and without
cause, terminate your right to access or use the One Million United Feed and Feed
Content (or any portion thereof). One Million United may also terminate your right
to access and use the One Million United Feed, or any part of the One Million United
Feed, if you breach any term or condition of this Agreement.
WITHOUT LIMITING THE GENRALITY OF THE FOREGOING, ANY FRAUDULENT, ABUSIVE, OR OTHERWISE
ILLEGAL ACTIVITY WILL BE GROUNDS FOR TERMINATION OF THIS AGREEMENT.
Obligation on expiry or termination
Upon expiry or termination of this Agreement, you shall immediately remove from
your website or computer any One Million United Feed and Feed Content, hyperlinks
or any other mention of One Million United.
Governing Law and Jurisdiction
The One Million United Feed is controlled by One Million United from its offices
within the Province of Quebec, Canada. By accessing or using the One Million United
Feed, you agree that this Agreement, all matters relating to your access to, or
use of, the One Million United Feed and/or the One Million United Feed Content shall
be exclusively governed by and interpreted in accordance with the laws of the Province
of Quebec and the laws of Canada, without regard to the conflict of laws principles
thereof. This Agreement will be deemed to have been performed in the Province of
Quebec and you agree and hereby irrevocably submit to the exclusive jurisdiction
of the courts of the Province of Quebec sitting in and for the judicial district
of Montreal and of the Federal Court of Canada with respect to such matters and
you waive any objection to venue or any claim of inconvenient forum. You agree that
the provisions of the United Nations Convention on Contracts for the International
Sale of Goods shall not apply.
General
Any consent by One Million United to, or waiver of, a breach of this Agreement which
you have committed, whether express or implied, shall not constitute a consent to,
or waiver of, any other, different or subsequent breach. You may not assign or transfer
this Agreement or any right or obligation hereunder. If any term or provision of
this Agreement is held by a court of competent jurisdiction to be invalid, it shall
be severed and the remaining provisions shall remain in full force without being
invalidated in any way. This Agreement is not intended to create a partnership,
joint venture, or agency relationship between the parties, and you shall not assume
the function of agent for One Million United, or make statements or contract obligations
on behalf of One Million United. Except for any agreements with One Million United
that expressly reference this Agreement, this is the entire agreement between you
and One Million United relating to the matters contained herein.
Online Commerce
The Site may allow you to purchase many different Quadrants of pictures (up to 28
per person) (hereinafter “the Quadrants”) that are provided by One Million United.
When ordering Quadrants on the Site, you must provide complete and accurate personal
information consisting of your name, address, e-mail address, credit card information
and shipping address, as well as any other information requested.
Your receipt of an electronic form or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of our
offer to sell. Your submission of an order to us shall be deemed to constitute an
offer to purchase, which shall remain open for a reasonable time, unless we agree
otherwise, and will be deemed to be accepted by us only upon shipment of the Quadrants.
One Million United, in its sole discretion, reserves the right at any time after
receipt of your order, without prior notice to you, to supply less than the quantity
you ordered of any item. One Million United, in its sole discretion, reserves the
right at any time after receipt of your order, to accept or decline your order for
any reason.
You acknowledge and agree that the price of the Quadrants is subject to change without
notice and that the Quadrants are subject to availability. The sale of the Quadrants
is void where prohibited by law. One Million United, in its sole discretion, shall
have the right, at any time after receipt of your order, to decline your order for
any reason. In the event that the Quadrants are listed at an incorrect price, due
to a typographical error or an error in pricing information, One Million United,
in its sole discretion, shall have the right at any time after receipt of your order,
to decline your order.
One Million United is not responsible for the legality, quality, accuracy, timeliness,
reliability or any other aspect of any Third-Party Merchandise. If you make a purchase
from a third-party web hosted by the Site or linked from the Site, the information
obtained during your visit to any third-party web site and the information that
you give, such as your credit card number and contact information, is collected
by the third-party web site and not by One Million United.
You release One Million United and its officers, directors, employees, agents and
their respective successors and assigns from any damages that you incur, and agree
not to assert any claims against them, arising from your purchase or use of the
Wares and Services or Third-Party Merchandise made available on the Site or by third-party
websites through the Site.
Bulk Purchasing
Certain features of the Site will permit the pre-purchase of up to 28 Quadrants.
By making a bulk purchase, an individual will be able to distribute promotional
codes to whomever desires to upload their own and individual picture free of charge.
Promotional Code
To use certain features of the Site, you may also need promotional codes, which
you will receive through the Site registration process. You are responsible for
maintaining the confidentiality of the promotional codes. You agree to notify One
Million United immediately of any unauthorized use of your promotional code or profile
or any other breach of security. One Million United cannot and will not be liable
for any loss or damage arising from One Million United 's failure or your failure
to protect your promotional code or account information.
Each promotional code will only be valid for a period of twenty-eight (28) days
upon the day of the bulk purchase and confirmation whereof. Should the said promotional
codes remain unused, they will expire and One Million United will offer no reimbursements
in any case whatsoever.
Upload of pictures
The Site will allow you to upload a picture of yourself. You may only upload a single
picture of yourself and may not use another Quadrant to upload another picture of
yourself. When using any of the features of the Site which allow you to post, upload
it is a condition of your use of the Site that you observe the rules of netiquette
and that you do not: (1) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of any
kind, including, without limitation, any picture constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability or otherwise
violate any local, state, provincial, national or international law or regulation;
(2) post or transmit any picture, including, without limitation, images which violates
or infringes upon the rights of others, including material which is an invasion
of privacy or publicity rights or which is protected by any intellectual property
rights, including, without limitation, copyright, patent, trade secret, trademark
or other proprietary rights herein, or derivative works with respect thereto, without
first obtaining permission from the owner or rights holder; (3) post or transmit
any picture that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual, could be harmful to minors, harasses or advocates harassment
of another person, provides material that exploits people under the age of 18 in
a sexual or violent manner, provides instructional information about illegal activities,
including, without limitation, the making or buying of illegal weapons; (4) post
or transmit any picture which contains a virus or other harmful component, or provides
or creates computer viruses.
Once a picture has been successfully uploaded and paid for, no modification, deletion,
alteration whereof will be permitted in any case.
Should One Million United decide to remove any picture that ought to: (1) post or
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind, including, without limitation,
any picture constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local, state, provincial,
national or international law or regulation; (2) post or transmit any picture, including,
without limitation, images which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights or which
is protected by any intellectual property rights, including, without limitation,
copyright, patent, trade secret, trademark or other proprietary rights herein, or
derivative works with respect thereto, without first obtaining permission from the
owner or rights holder; (3) post or transmit any picture that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual, could be harmful
to minors, harasses or advocates harassment of another person, provides material
that exploits people under the age of 18 in a sexual or violent manner, provides
instructional information about illegal activities, including, without limitation,
the making or buying of illegal weapons; (4) post or transmit any picture which
contains a virus or other harmful component, or provides or creates computer viruses,
One Million United reserves the right not reimburse the price paid for the upload
of the picture.
Notice and Procedure for Making Claims of Copyright Infringement
It is the policy of One Million United to respond to claims of intellectual property
infringement. One Million United will promptly process and investigate notices of
alleged infringement and will take any actions, in its sole discretion, it deems
appropriate. Notifications of claimed copyright infringement should be sent to copyright@onemillionunited.com
To be effective, the notification of infringement must be a written communication
that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted 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;
- 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 the service provider to locate the
material;
- Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number and, if available, an electronic
mail address at which the complaining party may be contacted;
- 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;
- 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.
Indemnity
You agree to indemnify, defend and hold harmless One Million United and its officers,
directors, employees, agents, licensors and their respective successors and assigns,
from and against any and all claims, demands, liabilities, costs or expenses whatsoever,
including, without limitation, legal fees and disbursements resulting directly or
indirectly from: (1) your breach of any of the terms and conditions of this Agreement;
(2) your access, use or inability to access or use the Site or any website to which
the Site is or may be linked to from time to time; (3) your use of, reliance on,
publication, communication or distribution, uploading or downloading of anything
on or from the Site; and/or (4) your violation of any law or regulation.
Creation of Profile
To use certain features of the Site, you may be asked to register with the Site.
You agree (1) to provide true, accurate, current and complete information about
yourself as prompted by any registration form; and (2) to maintain and promptly
update the information you provide to keep it true, accurate, current and complete.
If One Million United has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, One Million United has the right
to suspend or terminate your access to and use of the Site (or any portion thereof).
One Million United 's use of any personally identifying information you provide
as part of the registration process is governed by the terms of One Million United
's Privacy Policy.
Security
Please note that information sent or received over the Internet is generally unsecured
and One Million United cannot and does not make any representation or warranty concerning
security of any communication to or from the Site or any representation or warranty
regarding the interception by third parties of personal or other information.
Termination
One Million United may at any time, without notice, in its sole discretion and without
cause, terminate your right to access or use the Site, (or any portion thereof).
One Million United may also terminate your right to access and use the Site, or
any part of the Site, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction
The Site (excluding linked Web sites) is controlled by One Million United from its
offices within the Province of Quebec, Canada. By accessing or using the Web site,
you agree that all matters relating to your access to, or use of, the Site and/or
the Content shall be governed by the laws of the Province of Quebec and the laws
of Canada, without regard to the conflict of laws principles thereof. You agree
and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada
and/or the courts of the Province of Quebec with respect to such matters. You agree
that the provisions of the United Nations Convention on Contracts for the International
Sale of Goods shall not apply.
General
Any consent by One Million United to, or waiver of, a breach of this Agreement which
you have committed, whether express or implied, shall not constitute a consent to,
or waiver of, any other, different or subsequent breach. You may not assign or transfer
this Agreement or any right or obligation hereunder. If any term or provision of
this Agreement is held by a court of competent jurisdiction to be invalid, it shall
be severed and the remaining provisions shall remain in full force without being
invalidated in any way. This Agreement is not intended to create a partnership,
joint venture, or agency relationship between the parties. Except for any agreements
with One Million United that expressly reference this Agreement, this is the entire
agreement between you and One Million United relating to the matters contained herein.
Language
The parties hereto acknowledge that they have requested and are satisfied that this
Agreement and all related documents be drawn up in the English language.
Les parties aux présentes reconnaissent avoir requis que la présente entente et les
documents qui y sont relatifs soient rédigés en anglais.