1. Agreement

These StoryStylus Terms of Service and End User License Agreement (collectively, the “Agreement”) represent a legally binding, contractual agreement between you (“you”) (and your parent or legal guardian on your behalf if you are an individual who is between the ages of thirteen (13) and the legal age of majority in your jurisdiction of residence – hereinafter, a “Minor”) and One More Story Games Inc., together with its affiliates (hereinafter referred to as “us”, “we” and/or “OMSG”) with respect to your use of the One More Story Games website(s), forum(s), StoryStylus tool(s) and application(s) (collectively, the “Application”). This Agreement applies to your use of the Application and each component of the Application (including, without limitation, the Application Content), including all enhancements, updates, versions and modifications to the Application or any component of the Application (including, without limitation, the Application Content). By clicking the “I Agree” button below, you (and your parent or legal guardian on your behalf if you are a Minor) are: (i) representing that you have reached the legal age of majority in your jurisdiction of residence (or that your parent or legal guardian has consented to your use of the Application and has accepted and agreed to be legally bound by the terms and conditions of this Agreement on your behalf if you are a Minor); (ii) indicating your (and your parent’s or legal guardian’s on your behalf if you are a Minor) acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement; and (ii) consenting, as applicable, to the installation of the Application and all related components and software on your computer, mobile or other device. Do not download, install, access or otherwise use the Application or any component of the Application (including, without limitation, the Application Content) if you are unwilling or unable to be legally bound by the terms and conditions of this Agreement. If you (or your parent or legal guardian on your behalf if you are a Minor) do not accept and agree to be legally bound by the terms and conditions of this Agreement, you must click the “I Do Not Agree” button below, in which case you will not be permitted to download, install, access or otherwise use the Application or any component of the Application (including, without limitation, the Application Content). Your use of the Application and each component of the Application (including, without limitation, the Application Content) is at your own risk, including the risk that you might be exposed to content that is inaccurate, objectionable, or otherwise inappropriate, and the risk that content you choose to share in connection with the Application may be misused by third parties. We suggest you print a copy of this Agreement for your records.

NOTE TO MINORS: We reserve the right, in our sole and absolute discretion, on a random audit basis to contact a Minor’s parent or legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by the terms and conditions of this Agreement on the Minor’s behalf; (ii) consent to the Minor’s use the Application or any component of the Application (including, without limitation, the Application Content); and/or (iii) consent to the collection, use and disclosure of the Minor’s personal information. Failure of a Minor’s parent or legal guardian to complete any such required verification to our complete satisfaction within the time frame specified by us may, in our sole and absolute discretion, result in the termination, discontinuance, suspension and/or restriction of your Account, your ability to access, visit and/or use the Application or any component of the Application (including, without limitation, the Application Content). Please note that certain features of the Application (including, without limitation, certain types of Application Content) are restricted to individuals who have reached a defined age (as set by us in our sole and absolute discretion) and cannot be accessed by Minors (the “Age-Gated Content”). Any attempt by a Minor to access or otherwise use Age-Gated Content may, in our sole and absolute discretion, result in the termination, discontinuance, suspension and/or restriction of your Account, your ability to access, visit and/or use the Application or any component of the Application (including, without limitation, the Application Content).

2. Privacy

Without limiting the generality of this Agreement, your use of the Application is also subject to the terms of the OMSG Privacy Policy (the “Privacy Policy”), which is hereby incorporated into and made part of this Agreement. Please carefully review the Privacy Policy. When you download, install, access or otherwise use the Application or any component of the Application (including, without limitation, the Application Content), you (and your parent or legal guardian on your behalf if you are a Minor) are agreeing to the collection, use and disclosure of the information you share with OMSG and its affiliates, as explained in this Agreement and the Privacy Policy.

3. Modification of Agreement by OMSG

Subject to applicable law, OMSG reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time, including without limitation, the provisions applicable to the Subscription and applicable Fees, the Restrictions, and the User Conduct and User Content, and without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement at least 30 days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised, and we will provide you notice, by sending you notice using email and/or your mailing address, or any other contact information we have for you in our discretion, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Application or any component of the Application (including, without limitation, the Application Content) after the date specified in such notice constitutes your (and your parent’s or legal guardian’s on your behalf if you are a Minor) full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.

4. Registration and Account Security

The Application and certain features thereof are password-protected and require you to complete a registration process in order to obtain access to and/or otherwise use the Application or such features. When registering for an account (an “Account”), you (and your parent or legal guardian on your behalf if you are a Minor) agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or OMSG has reasonable grounds to suspect that you have not provided or updated such information, OMSG shall have the right, in its sole and absolute discretion, to disable your Account and prevent you from using the Application, or any such features of the Application. It is your responsibility to keep the password and other information provided to you confidential and secure. In the event that your password and/or Account are used without your consent or that you discover any other breach of security, you (and your parent or legal guardian on your behalf if you are a Minor) agree to promptly notify OMSG at eula@onemorestorygames.com. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account and/or access to the Application or any component or feature thereof after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.

5. Subscription

Certain features of the Application can be accessed on a free trial basis. However, other features of the Application can only be accessed and/or otherwise used once you have completed a subscription (a “Subscription”). There are different levels of Subscription as outlined on the Application and in Appendix “A” to this Agreement. If you elect to complete a Subscription, then you (and your parent or legal guardian on your behalf if you are a Minor) will be asked to provide certain billing information either to OMSG and/or its third party payment processor. If you are directed to OMSG’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using its services.

You (and your parent or legal guardian on your behalf if you are a Minor) agree to pay all fees and charges, including applicable taxes and surcharges, related to your Subscription at the rates then in effect for the period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). When you submit a credit, debit, or charge card number, or other payment information to us, at the time of completing a Subscription, or otherwise, you (and your parent or legal guardian on your behalf if you are a Minor) authorize, give us permission, and direct us to retain such information and to charge all Fees to such payment method. Unless otherwise specified within the Application, all Fees will be quoted and charged in Canadian dollars. All Fees are due promptly and are non-refundable, except as required by applicable law. You must notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your statement; otherwise, you (and your parent or legal guardian on your behalf if you are a Minor) waive any right to challenge or dispute such problem or discrepancy to the fullest extent permitted by applicable law. If Fees cannot be charged to the payment method you designate, or payment is returned to us as non-payable for any reason, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by applicable law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, and you (and your parent or legal guardian on your behalf if you are a Minor) will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us; and/or (v) terminate, discontinue, suspend, and/or restrict your Account, your ability to access, visit and/or use the Application or any component of the Application (including, without limitation, the Application Content). In addition to any Fees, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, mobile, wireless, Internet and other services necessary to access, visit and/or use the Application or any component of the Application (including, without limitation, the Application Content). If you are accessing the Application or any component of the Application (including, without limitation, the Application Content) via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.

Subject to applicable law, OMSG reserves the right, in its sole and absolute discretion, to change the amount of, or basis for determining, any Fees, and to institute new Fees (collectively, a “Fee Change”). Prior to any such Fee Change taking effect, you will be provided with any applicable legally required notice(s) (a “Fee Change Notice”) and will have the opportunity to: (i) accept the Fee Change and continue your Subscription under the revised terms; (ii) unsubscribe and cancel your Subscription; or (iii) change your level of Subscription (each, a “Fee Change Action”). If you (or your parent or legal guardian on your behalf if you are a Minor) do not take a Fee Change Action within the time frame specified in the applicable Fee Change Notice, then your Subscription will be suspended. If your Subscription has been suspended and/or you require any further information, please notify OMSG at subscription@onemorestorygames.com
6. Ownership of Application

The Application consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the “Application Content”) that have been provided by OMSG and/or other individuals or entities. All such Application Content is owned by OMSG and/or the applicable third party. You (and your parent or legal guardian on your behalf if you are a Minor) hereby acknowledge that the Application and each component of the Application (including, without limitation, the Application Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws. Your use of the Application and/or the Application Content do not grant or transfer to you any ownership or other rights in the Application or any component of the Application (including, without limitation, the Application Content), and except as expressly provided, nothing herein or within the Application or any component of the Application (including, without limitation, the Application Content) shall be construed as conferring on you or any other person or entity any license under any of OMSG’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved by OMSG. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Application, any component of the Application, or any of the Application Content, in whole or in part, except as expressly authorized by OMSG. For greater certainty and the avoidance of any doubt, you (and your parent or legal guardian on your behalf if you are a Minor) agree that you will not take any action that is inconsistent with OMSG’s ownership of the Application and/or OMSG’s ownership of, or any third party’s ownership of, any Application Content. You are hereby expressly prohibited from removing any proprietary notice of OMSG, or any third party, from any copy of the Application or any component of the Application (including, without limitation, the Application Content).

7. Trade-Marks

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Application and/or Application Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of OMSG or other third party individuals or entities. Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by OMSG are the property of their respective owners, and, where used by OMSG are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Application or any component of the Application (including, without limitation, the Application Content) may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You (and your parent or legal guardian on your behalf if you are a Minor) agree that you will not take any actions inconsistent with OMSG’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.

8. Limited License to use the Application

Upon your (and your parent’s or legal guardian’s on your behalf if you are a Minor) acceptance of the terms and conditions of this Agreement, you will be permitted to use the Application. Subject to the terms and conditions in this Agreement and, as applicable, the Publishing Agreement (See Section 13), OMSG hereby grants you a limited, non-sublicenseable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Application and the Application Content for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated in this Agreement and, as applicable, the Publishing Agreement (See Section 13). You (and your parent or legal guardian on your behalf if you are a Minor) agree that you shall not take or permit any action with respect to the Application or any component of the Application (including, without limitation, the Application Content) that is not expressly authorized under this limited licence. Your limited license to use the Application and the Application Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).

9. Confidentiality

The structure, organization and source code of the Application are the valuable trade secrets and proprietary confidential information of OMSG and its licensors. You (and your parent or legal guardian on your behalf if you are a Minor) agree not to provide or disclose to any third party any such confidential information that is or that may be contained in and/or derived from the Application or any component of the Application (including, without limitation, the Application Content).

10. Restrictions

Without limiting the generality of any other aspect of this Agreement and, as applicable, the Publishing Agreement (See Section 13), you (and your parent or legal guardian on your behalf if you are a Minor) agree that you shall not:

a. use, copy, modify, download or transfer the Application or any component of the Application (including, without limitation, the Application Content), in whole or in part, except as expressly provided in this Agreement and, as applicable, the Publishing Agreement (See Section 13);

b. (i) reverse engineer, disassemble, decompile, or translate the Application or any component of the Application (including, without limitation, the Application Content); (ii) attempt to derive the source code of the Application or any component of the Application (including, without limitation, the Application Content); (iii) create any derivative work from the Application or any component of the Application (including, without limitation, the Application Content); and/or (iv) authorize or assist any third party to do any of the foregoing;

c. rent, lease, loan, resell, or otherwise distribute the Application or any component of the Application (including, without limitation, the Application Content), except as expressly provided in this Agreement and, as applicable, the Publishing Agreement (See Section 13);

d. remove or alter any proprietary notice or legend regarding OMSG’s, or any third party’s, proprietary rights in the Application or any component of the Application (including, without limitation, the Application Content);

e. use the Application or any component of the Application (including, without limitation, the Application Content) except in accordance with the terms of this Agreement and, as applicable, the Publishing Agreement (See Section 13) and all applicable laws and regulations; and/or

f. use the Application or any component of the Application (including, without limitation, the Application Content): (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability.

11. User Conduct and User Content

Certain features and/or portions of this Application permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You (and your parent or legal guardian on your behalf if you are a Minor) hereby agree that you shall not use the Application to upload, post, communicate or otherwise submit or transmit through, or to, the Application any User Content that:

i. may, in the sole and absolute discretion of OMSG, degrade, tarnish, disparage, or deprecate OMSG, and/or any of its products or services, including without limitation the Application and/or the public image or standing in the community of OMSG or any of its affiliates;

ii. is deemed, in the sole and absolute discretion of OMSG to be defamatory, trade libelous, pornographic or obscene;

iii. is deemed, in the sole and absolute discretion of OMSG to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by OMSG in its sole and absolute discretion;

iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;

v. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;

vi. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or

vii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.

12. Sharing User Content

Certain features and/or portions of this Application may permit you to share your User Content. You (and your parent or legal guardian on your behalf if you are a Minor) understand that any User Content you choose to share via the Application may be copied, used, modified, or distributed by any other users. Further, you (and your parent or legal guardian on your behalf if you are a Minor) understand that once your User Content is shared, it cannot always be withdrawn. You (and your parent or legal guardian on your behalf if you are a Minor) assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. You (and your parent or legal guardian on your behalf if you are a Minor) hereby agree that OMSG has no responsibility or liability whatsoever for any such activities. You (and your parent or legal guardian on your behalf if you are a Minor) also agree and understand that your User Content is not sponsored or endorsed by OMSG, and you will not imply that your User Content is in any way sponsored or endorsed by OMSG. Please consider carefully what User Content you choose to share.

13. License to use User Content and Publishing Agreement

For clarity, you retain all of your ownership rights in your User Content. However, by using the Application and providing User Content, you (and your parent or legal guardian on your behalf if you are a Minor) hereby: (i) grant to OMSG a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Application; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Application in favour of OMSG and anyone authorized by OMSG to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, OMSG has the right to use any and all User Content and ideas you submit in any manner without any notice or obligation to you whatsoever. For greater certainty and the avoidance of any doubt, none of the User Content you post on, upload or otherwise submit to or through, the Application will be deemed confidential. Further, you (and your parent or legal guardian on your behalf if you are a Minor) also hereby grant each other user of the Application a non-exclusive license to access your User Content through the Application, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Application, the Player Terms of Service and the Publishing Agreement. If you submit User Content to OMSG for publication or for publication and sale, then you (and your parent or legal guardian on your behalf if you are a Minor) may, in the sole and absolute discretion of OMSG, be required to enter into a legally binding Publishing Agreement (the “Publishing Agreement”) with OMSG with respect to such User Content. In the event of an inconsistency or discrepancy between this Agreement and the terms and conditions of the Publishing Agreement, the terms and conditions of the Publishing Agreement shall prevail, govern and control to the extent of the conflict.

14. Intellectual Property Concerns

OMSG respects the intellectual property rights of others and expects you to do the same. If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you (and your parent or legal guardian on your behalf if you are a Minor) agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Application by providing a written notice with the following information:

• Identification of the copyrighted work or trade-mark that you claim has been infringed;
• Identification of the allegedly infringing content, and information reasonably sufficient to permit OMSG to locate it;
• A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
• A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf; and
• Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

Deliver the notice to us at the following address: 80 Bradford Street, Barrie, Ontario, Canada L4N 6S7

15. Accuracy and Changes

Facts, data and other information provided by OMSG on or through the Application or any component of the Application (including, without limitation, the Application Content) are believed to be accurate when placed on the Application. Changes may be made at any time to such facts, data and/or other information without prior notice.

16. No Duty to Correct Errors

Without limiting the preceding provisions of this Agreement, you (and your parent or legal guardian on your behalf if you are a Minor) acknowledge and agree that OMSG has no obligation under this Agreement to correct any defects or errors in the Application or any component of the Application (including, without limitation, the Application Content), regardless of whether you inform OMSG of such defects or errors or OMSG otherwise is, or becomes aware of, such defects or errors. To the extent OMSG provides you with any updates or upgrades to the Application or any component of the Application (including, without limitation, the Application Content), such updates and upgrades shall be deemed to constitute part of the Application and shall be subject to all terms and provisions set forth in this Agreement, including, without limitation, terms and provisions related to licenses, use restrictions, ownership and distribution of the Application or component of the Application (including, without limitation, the Application Content).

17. Indemnity

You (and your parent or legal guardian on your behalf if you are a Minor) agree to indemnify and hold OMSG and its affiliates, and the officers, directors, employees, agents and representatives of each of them (collectively, the “OMSG Entities”) harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to: (i) the fact that you have downloaded, installed, accessed or otherwise used the Application or any component of the Application (including, without limitation, the Application Content), (ii) your violation of any of the terms and conditions of this Agreement; and/or (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. You (and your parent or legal guardian on your behalf if you are a Minor) agree that OMSG may assume the exclusive defense and control of any matter for which you are required to indemnify OMSG and you (and your parent or legal guardian on your behalf if you are a Minor) agree to cooperate, at your cost, with our defense of these claims. You (and your parent or legal guardian on your behalf if you are a Minor) agree not to settle any matter without the prior written consent of OMSG. OMSG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

18. Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND EACH COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE APPLICATION AND EACH COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) RESIDES WITH YOU (AND YOUR PARENT OR LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR). OMSG EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMSG MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION OR ANY COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) THE APPLICATION OR ANY COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APPLICATION OR ANY COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT), INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR MATERIAL, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION OR ANY COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF THE APPLICATION OR ANY COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APPLICATION OR ANY COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.

THE INFORMATION AVAILABLE ON OR THROUGH THE APPLICATION OR ANY COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

ANY AND ALL INFORMATION OBTAINED FROM OR THROUGH THE APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE APPLICATION IS SOLELY AT YOUR OWN RISK.

COMMENTS OR OPINIONS EXPRESSED ON THE APPLICATION ARE THOSE OF THEIR RESPECTIVE USERS ONLY. COMMENTS OR OPINIONS EXPRESSED ON THE APPLICATION AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF OMSG. THE OMSG ENTITIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE APPLICATION.

THE OMSG ENTITIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, THE APPLICATION OR ANY COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT). YOU (AND YOUR PARENT OR LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR)EXPRESSLY ACKNOWLEDGE THAT OMSG HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE APPLICATION AND EACH COMPONENT OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE APPLICATION CONTENT) AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OMSG. YOU (AND YOUR PARENT OR LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

19. Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. OMSG does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Application or any component of the Application (including, without limitation, the Application Content). In no event will any information or User Content you provide on or through the Application or any component of the Application (including, without limitation, the Application Content) be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information or User Content is inadvertently released by us or accessed by third parties without your knowledge or consent. We ask that you please not send personal or financial information to us using unencrypted e-mail messages. While efforts are made to help ensure that all software provided in relation to the Application and each component of the Application (including, without limitation, the Application Content) is suitable for use on a various mobile and other devices, you should take reasonable and appropriate precautions to ensure compatibility of the Application with your specific mobile or other device.

20. Governing Law

For users outside of Quebec, this Agreement, your use of the Application, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf if you are a Minor) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Application and any related matters.

For residents of Quebec, this Agreement, your use of the Application, and all related matters shall be governed solely by the domestic laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf if you are a Minor) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in relation to all disputes arising from or related to this Agreement, your use of the Application and any related matters.

21. Termination

If you breach any provision of this Agreement, then you may no longer use the Application or any component of the Application (including, without limitation, the Application Content). We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, the Application or any component of the Application (including, without limitation, the Application Content) or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the Application is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application and anything relating to or arising from such use. If you are dissatisfied with the Application or any component of the Application (including, without limitation, the Application Content), then your sole and exclusive remedy is to discontinue using the Application.

22. Language

In the extent OMSG translates this Agreement into other languages for your convenience or as required by applicable law, the English version governs your relationship with OMSG, and any inconsistencies among the different versions will be resolved in favour of the English version. The parties expressly wish that the Terms, Policy and any related documents be drafted and executed in English. C’est la volonté expresse des parties que les conditions, la politique et tous les documents qui s’y rattachent soient rédigés et signés en anglais.

23. General

If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you (and your parent or legal guardian on your behalf if you are a Minor), your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.