PLEASE READ THE FOLLOWING CAREFULLY, AS THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME, FORM A BINDING AGREEMENT BETWEEN OSMORA INC. AND YOU. By using and/or visiting this web site (osmora.com) and affiliated domains (the “OSMORA Web Site”) or by subscribing to or using any products or services offered by Osmora Inc., YOU agree to be bound by the Terms of Use. These Terms of Use apply to all users of the OSMORA Web Site. If YOU do not agree to any of these terms, then please do not use the OSMORA Web Site and exit this site immediately.

OSMORA provides its products and services to YOU, subject to the following Terms, which may be updated by us from time to time without notice to YOU. Your continued use of OSMORA’s products or services constitutes Your agreement to all such terms, conditions, policies and notices in connection with such product or service. By completing any registration forms and accepting our Privacy Policy or otherwise providing Your contact information to OSMORA, YOU agree to be contacted via Email or other means by OSMORA, and by third parties for any services YOU have requested.

YOU affirm that YOU are either at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Services Agreement, and to abide by and comply with these Terms of Use. YOU further warrant and represent that YOU own or control the necessary rights to distribute the eBooks through this service.

Warranties and Representations

By submitting Your Work for publication, You warrant and represent that the Work is complete and YOU:

  1. are the owner of the rights herein granted;
  2. have not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to OSMORA;
  3. have full right, power, and authority to enter into this Agreement and to grant the rights granted herein;
  4. affirm that the work is not a public domain work.
You further warrant that the Work contains no materials which:
  1. violate any right of privacy, which are libellous or which violate any personal right or other right of any kind of any person or entity, including but not limited to publishing a person’s private email address without his/her permission;
  2. infringe upon any copyright, trademark or other proprietary right;
  3. violate state and federal laws advocate hateful, discriminatory or racist views or actions toward others;
  4. advocate illegal activities;
  5. advocate the use of Private Label Rights content to make money on the Internet, or the modification of such content for the creation of Internet content;
  6. contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals;
  7. contain graphic images of persons involved in sex acts, and does not include children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts.

Infringement of Rights

OSMORA takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an infringed party. It is Your responsibility to secure permissions to the Work prior to the time You submit such work if any material from the work belongs to, or has been licensed to, someone else.

Indemnification. You agree to indemnify and hold OSMORA, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Work You provide or approve for publication, (b) Your use of the OSMORA Web Site, or (c) Your breach of these Terms of Service. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations, OSMORA shall have the right to withhold any sums payable to You in reasonable amounts as security for the payment of the Your potential obligations.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THIS WEB SITE OR SOFTWARE SHALL BE AT YOUR SOLE RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE’S CONTENT, ITS SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEB SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE OR SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SOFTWARE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR SOFTWARE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, OSMORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL OSMORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO CASE SHALL OSMORA OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN DELIVERY OR AVAILABILITY DELAYS, MIS-PRICING, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is Your responsibility to monitor retailer listings and report errors to OSMORA, in which case OSMORA on a reasonable efforts basis will strive to work with the retailer to correct the error. In the event that OSMORA is found liable for any damages, for any reason whatsoever, You hereby expressly agree that, in no event will OSMORA’s liability to You exceed the amounts collected by OSMORA for the Work in question. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.

Service Changes

OSMORA reserves the right with or without notice to You at any time to change, modify or discontinue any service, product or a portion or attribute thereof, or the offering of any information, content, product or service. We shall have no liability to any user or any third party should we modify or discontinue service.

Applicable Laws

You agree that: (I) the OSMORA Web Site shall be deemed solely based in Montreal, Canada; and (II) this web site shall be deemed a passive web site that does not give rise to personal jurisdiction over OSMORA, either specific or general, in jurisdictions other than Montreal, Canada. These Terms of Service shall be governed by the laws of the Province of Quebec, Canada, without respect to its conflict of laws principles. Any claim or dispute between You and us that arises in whole or in part from OSMORA’s Web Site shall be decided exclusively by a court of competent jurisdiction located in Montreal, Quebec, Canada. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the OSMORA Web Site, shall constitute the entire agreement between You and us concerning the OSMORA Web Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is Your responsibility to review these Terms of Service for any changes. Your use of this web site following any amendment of these Terms of Service will signify Your assent to and acceptance of its revised terms. YOU AND OSMORA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to OSMORA.

Updated May 2018

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