Terms of Use

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Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using https://orain.org ("the Site") operated by Orain ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://orain.org.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

The policy became effective on 23 August 2013. Minor modifications were made on 29 August 2013.

Intellectual Property

The Site and its original content, features and functionality are owned by Orain and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

When you submit text to which you hold the copyright, you agree to license it under the Creative Commons Attribution-ShareAlike 3.0 Unported License ("CC BY-SA"). The only exception is if the Project edition or feature requires a different license. In that case, you agree to license any text you contribute under that particular license.

Non-text media on the Projects are available under a variety of different licenses. When you contribute non-text media, you agree to comply with the requirements for such licenses and also comply with the requirements of the specific Project edition or feature to which you are contributing.

Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for text content or non-text media contributed to the Orain Projects or features, even if you terminate use of our services.

When you contribute content that is in the public domain, you warrant that the material is actually in the public domain under the laws of Canada, the United States of America as well as the laws of any other countries as required by the specific Project edition, and you agree to label it appropriately.

When re-using any content that we host, you agree to comply with whatever license under which the work has been made available.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links to Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Orain.

Orain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Limited License

Orain grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.

Limitation of Liability

In no event unless required by applicable law or agreed to in writing will Orain be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Site (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties), even if Orain has been advised of the possibility of such damages.

Disclaimer of Warranty

There is no warranty for the Site, to the extent permitted by applicable law. Except when otherwise stated in writing Orain provides the Site "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Site is with you.

Governing Law and Disputes

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Canada, without giving effect to any principles of conflicts of law.

We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the Projects or Project editions and Orain. You explicitly agree and understand that Orain will not be held liable for a dispute rising between yourself and a project hosted by Orain. Any such dispute must (and will) be resolved between yourself and the local community on said project.

If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a provincial or federal court located in Ontario, Canada. You also agree that the laws of the Province of Ontario and, to the extent applicable, the federal laws of Canada will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Ontario, Canada, in any legal action or proceeding relating to us or these Terms of Use.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. In order to be notified of any changes to this Agreement, you may add this page to your watchlist. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.