TERMS AND CONDITIONS
- Rights & Permissions
- a) You may use the Materials only for educational or non-commercial purposes relating to providing humanitarian relief and development programs, subject to these Terms and except that:
- Logo. To use a UOSSM mark or logo for fundraising or for any other purpose (see below for sales benefiting UOSSM), email [email protected] with a detailed description of your planned use; if an individual, your name and address; if an entity, its place of incorporation and type of entity. Any use of UOSSM trademarks or logos, requires express written permission from UOSSM.
- Sale of Goods or Services benefiting UOSSM. This use requires express written permission from UOSSM. To sell products or services to benefit UOSSM, email [email protected] with a detailed description of your intended use; if an individual, your name and address; if an entity, its address of incorporation and entity type. Note, the Better Business Bureau and some consumer laws require you to indicate at point of solicitation the precise benefit to charity. If the benefit is a portion of sale proceeds, the amount must be indicated by dollar or percentage of retail sale price, not with language such as "proceeds," "income," "net" or "profits" because this does not detail the precise portion of the sale benefiting charity.
iii. Images (including photos and films). Write to [email protected] if you want to use an image from the Materials, describing the image you want to use, the website URL or page address where it appears, what you want to use it for and, if an individual, your name and address; if an entity, its address of incorporation and type of entity. This use requires express written permission from UOSSM.
Legends Intact. Keep all copyright or other proprietary notices intact. Materials should display “© UOSSM”, and may require additional legends to attribute the work to an author, photographer or others. All Materials are owned by UOSSM or licensed for UOSSM use.
Copy to UOSSM. If Materials are used in a publication or other presentation, you must provide UOSSM a copy by emailing [email protected].
Reputation. Materials shall not be used to disparage UOSSM or its activities.
- Use of the UOSSM electronic community is void where prohibited. In consideration of your use of the Materials, you agree to (a) provide accurate, current and complete information about you in any sign-up forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for all actions that take place using your account.
- Your remarks, graphics, or other information communicated to UOSSM through the Materials (each a "Submission") shall be freely used by UOSSM as described below. You represent and warrant that any information and/or Submission you post or provide to UOSSM through any medium is truthful, accurate, not misleading, not confidential property of others, and not in violation of a third party’s rights. You represent and warrant and agree that you shall not provide UOSSM a Submission in which other persons have rights without their express permission, or that infringe their rights, or that contains libelous, defamatory or otherwise unlawful material and you are responsible if your Submission injures another person. In addition, you agree not to:
- use the Materials for data mining, robots, data gathering or extraction;
- harvest or collect email addresses or other contact information of other Users from the Materials by any means for the purposes of sending unsolicited emails or other unsolicited communications;
iii. use the Materials in any unlawful manner or in any manner that could damage, disable, overburden or impair them;
- use automated scripts to collect information from or interact with the Materials;
- upload, post, transmit, share, store or make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of anyon other than yourself, or register for a User account on behalf of any entity;
vii. impersonate any person or entity, or falsely state or misrepresent yourself, or your affiliation with any person or entity;
viii. upload, post, transmit, share or render available unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available in the Materials (including on the Sites) any personal information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information or passwords from others; or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or make available material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit computer or telecommunications software or hardware functionality;
xii. intimidate or harass another;
xiii. upload, post, transmit, share, store or make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would create liability or violate applicable law;
xiv. use or attempt to use another's account, service or system without UOSSM authorization, or create a false identity in the Materials (including on the Sites);
- upload, post, transmit, share, store or make available content that, in the sole judgment of UOSSM, is objectionable or which restricts or inhibits any other person from using or enjoying the Materials, or which may expose UOSSM or its Users to any harm or liability of any type.
Submissions are not confidential and shall not be treated as confidential by UOSSM. UOSSM may use Submissions for commercial or other purposes, without compensation or liability to you. When you post a Submission or send suggestions or material to UOSSM, including, but not limited to stores, photos, videos, ideas, notes, drawings, concepts, or other information, the information shall be deemed, and shall remain, the property of UOSSM. You authorize UOSSM to use and to make such copies thereof as we deem necessary to facilitate posting and storage of the Submission. By posting Submissions, you grant, represent and warrant that you have the right to grant, to UOSSM an irrevocable, perpetual, non-exclusive, fully paid, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, display, reformat, translate, excerpt and distribute such Submissions for any purpose, or otherwise, on or in connection with the Materials (including on the Sites) or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing. You understand your Submissions may be used and republished by Users over whom UOSSM has no control, and you consent to this.
- The Materials contain Submissions, text, photos, graphics, sounds and other work belonging to UOSSM or to other contributors. UOSSM owns the Material, unless otherwise indicated. You acquire no ownership rights by downloading Materials. Unless explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether implied or otherwise.
- You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users and to prohibit your use of the Site or interactions with Users. You are also solely responsible for your own communications and the consequences of their posting.
Liabilities and Injuries
- You shall not post or transmit through UOSSM Materials any information or documents that violates these Terms. You shall defend, indemnify and hold harmless UOSSM, UOSSM Canada, their directors, officers, employees, agents, and third party partners ("UOSSM Entities") from any claims, losses or expenses arising from or in connection with any Submissions, Third Party applications, Software or Content you post or share on or through the Materials (including through the Sites), your use of the Materials, your conduct in connection with the Materials or with other Users of the Materials, or any violation of this Agreement or of any law or the rights of any third party.
- THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ANY AND ALL PRODUCTS OBTAINED THROUGH ANY UOSSM SITE ARE SIMILARLY PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. UOSSM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UOSSM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS INCLUDING, WITHOUT LIMITATION, THEIR COMPLETENESS, ACCURACY, RELIABILITY, INTERRUPTION, DEFECT, WHETHER THE MATERIALS OR THE SERVER ARE FREE OF VIRUSES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR OTHER HARMFUL COMPONENTS. INFORMATION IN THE MATERIALS, OR THE SITES OF ANY UOSSM ENTITIES, IS PROVIDED WITH THE UNDERSTANDING THAT UOSSM ENTITIES ARE NOT RENDERING PROFESSIONAL ADVICE OR RECOMMENDATIONS. DO NOT RELY ON ANY INFORMATION ON THESE PAGES TO REPLACE CONSOLTATIONS WITH QUALIFIED PROFESSIONALS TO MEET YOUR INDIVIDUAL NEEDS. YOU USE THE MATERIALS AT YOUR OWN RISK.
- UOSSM is a distributor (and not a publisher) of content supplied by third parties and Users. UOSSM has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any User of the Materials, are those of the respective author(s) or distributor(s) and not of or endorsed by UOSSM. UOSSM DOES NOT PRE-SCREEN, APPROVE OR ENDORSE ANY SUBMISSIONS, AND CANNOT GUARANTEE A SUBMISSION WAS ACTUALLY CREATED AND IS BEING OPERATED BY A PURPORTED INDIVIDUAL OR ENTITY. NOR IS UOSSM RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSION, OR ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUBMISSION, INCLUDING HOW THE OWNER OF THE SUBMISSION COLLECTS, HANDLES, USES AND / OR SHARES PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A SUBMISSION.
- IN NO EVENT WILL UOSSM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE MATERIALS, ANY PLATFORM APPLICATIONS, PRODUCT OR SERVICE, OR ANY OF THE MATERIALS ACCESSED THROUGH OR DOWNLOADED FROM THE SITES, EVEN IF UOSSM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UOSSM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UOSSM FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO PURCHASE OF A PRODUCT IS INVOLVED AND/OR NO FEES ARE PAID TO UOSSM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM UOSSM, REGARDLESS OF THE CAUSE OF ACTION.
- UOSSM is not responsible for any malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems on the Internet, the Materials or at any Sites or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Materials. UOSSM will not be responsible for any loss or damage, including any loss or damage to any Submissions or personal injury or death, resulting from anyone's use of the Materials, any Submissions or Third Party Applications, Software or Content posted on or through the Materials or transmitted to Users, or any interactions between Users of the Materials, whether online or offline.
- The Materials or Sites may be linked to other sites not maintained by UOSSM. UOSSM is not responsible for the content of those sites. Inclusion of any link to such sites does not imply endorsement by UOSSM of the sites. UOSSM makes no representations about any other sites which you may access through UOSSM.
- These limitations apply even if there is negligence on the part of UOSSM Entities or an authorized UOSSM representative has been advised, or both.
Purchases. Any purchases through the Materials or on the Sites are through third-party providers and subject to terms and conditions set forth on such sites. Any dispute must be resolved directly with third party providers.
- UOSSM Programs. The Materials may contain references to UOSSM services, products and programs that are Canada and may or may not exist in your country. These references do not imply that UOSSM intends to announce or provide the programs in your country.
- Monitoring. You understand and agree that UOSSM may, but is not obligated to, review the Materials and may delete or remove (without notice) any Content or Submissions in its sole discretion, for any reason or no reason, including Submissions that in the sole judgment of UOSSM violate this Agreement, or that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible for creating backup copies and replacing any Submissions you post or store in the Materials, on the Sites or provide to UOSSM. UOSSM may edit, refuse to post or remove any material submitted to or posted in the Materials (including on the Sites). In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, UOSSM has adopted a policy of terminating, in appropriate circumstances and at UOSSM's sole discretion, access of Users who are deemed to be repeat infringers. UOSSM may limit access to the Materials (including on the Sites) and/or terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Possible evidence of use of the Materials (including the Sites) for illegal purposes may be provided to law enforcement authorities.
- Trademark Information. The marks UOSSM, and other UOSSM service marks, trademarks, trade names or logos are registered in Geneva, Switzerland and to the extent used outside Switzerland, in other countries. All rights reserved. Other trademarks or trade names displayed in the Materials, on the Sites or through links to other sites are the property of respective trademark owners.
UOSSM offers a feature whereby Users of the Materials can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites (the "Share Service"). You acknowledge and agree that your use of Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the terms and conditions set forth in these Terms.
- Subject to these Terms, Third Party Sites that meet requirements set forth herein may place a Share Link (as described below), in the form approved by UOSSM and with the written consent of UOSSM, on pages of their Web sites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its Website(s) (each an "Online Content Provider") shall abide and be subject to the applicable sections of these Terms. A "Share Link" is a button and/or text link appearing on an Online Content Provider's web page that, upon being clicked by a User, enables us to launch a sharing mechanism through which Users can share with others or post to their own member profile, links and content from that page.
- If the Share Link is a button that contains icons or other graphic images, trademarks or other proprietary materials of UOSSM, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by UOSSM. The rights granted in this paragraph may be revoked by UOSSM at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site. No such link shall be deemed to be an endorsement of the material, products, services, or content of any third party provider.
- In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a User would be a violation of these Terms. Without limiting the foregoing, Online Content Provider agrees not to post a Share Link on any Web site(s) that contains, represents and warrants that such Web site(s) does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose UOSSM or its Users to any harm or liability of any type. Upon including a Share Link, Online Content Provider agrees to defend, indemnify and hold UOSSM, UOSSM Canada, their affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
- This Agreement constitutes the entire agreement of the parties with respect to this subject matter, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
- This Agreement shall be construed in accordance with the laws of Ontario, Canada, without regard to its conflict of laws roles. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. "Includes", "including" and other similar terms are deemed to include "without limitation" immediately thereafter, and any specification of the Site as part of the Materials is purely to provide clear meaning and does not imply other references to Materials exclude the Sites.
- These Terms are also for the benefit of UOSSM Entities, each of which may assert and enforce such provisions directly or on its own behalf.