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:

  1. you are an individual and over 18 years of age;
  2. 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
  3. you are entitled to conclude this Agreement;
  4. 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;
  5. 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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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.