Please read these Terms and Conditions before using, registering, or submitting content in any form or medium for publication on Oh My! Handmade Goodness (OMHG). These Terms and Conditions are solely for the OMHG blog and website and differ from our Community Terms & Conditions that can be found here. By submitting or registering with OMHG you DO NOT give up rights to your content or give us permission to sell your personal information.
By continuing to use OMHG, or by submitting content for publication on this site, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features shall be subject to these Terms and Conditions.
1. OMHG content is offered “as is”. We reserve the right to discontinue OMHG or your use of these services: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our community as a whole.
2. OMHG owns all rights to our site and content created by us, you maintain all rights to your submitted content:
(a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of Canada and worldwide copyright laws and treaty provisions, and we have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you automatically grant (or warrant that the owner of such materials expressly grants) OMHG a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, store, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials and to use such content for promotional and marketing purposes. You also retain all rights to your content and may revoke OMHG rights to your content by submitting a request in writing to have your submitted content removed.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them on the OMHG website. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and(II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) use the services, software, information, data and other content (the “Services”) on the OMHG site to harm minors in any way; (IV) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (V) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate; (VI) collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth above.
3. You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please email us.
4. Your Use of Our Content is Restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make copies limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”
5. Comment Policy: We reserve the right to block or remove communications, postings or materials at any time in our sole discretion.
6. Contributors: If you contribute to OMHG, you will be treated as an independent contractor, not an employee. You agree that you are not entitled to, and do not expect any wages or compensation from us for any of your content. You also agree that you are not eligible for any employee benefit plans or programs. You must obtain and pay for your own computer, Internet access, third-party clearances and licenses and everything else you need to create and submit your blog posts to us. You agree that you are not under our direction or control and that you cannot hold yourself out as our agent or representative or attempt to bind us to any obligations. You acknowledge and agree that the OMHG site provides a forum with a targeted audience for you to share your views and express your unique opinions and ideas. If you post on OMHG, you decide when, where and how often you write and submit your blogs. You can write or provide content for anyone else you want at any time. You can write about anything you want.
7. You Will Be Responsible for any consquences from violation of our T&C: You agree to indemnify and hold harmless OMHG from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.
8. Your Use of Our Site is Subject to Certain Disclaimers: Our site is available ‘as is’ and is used at your own risk. While we take every effort to ensure accuracy in our publications due to the nature of the internet no information found on OMHG should be used to replace legal, financial, or other professional services.
9. Our Liability to You is Limited: OMHG is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).Any claim against us shall be limited to the amount you paid, if any, for use of the OMHG site.
10. We May be Legally Compelled to Disclose Certain Information: Your information will never be shared, sold, or given to third parties, however you agree that in the event we receive an order issued by a court or from a law enforcement or government agency, we shall comply with such orders without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
11. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of any goods or services provided by third parties that may be linked to our site. Because we have no control over such goods and services, you acknowledge and agree that we are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such third parties. You further acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the OMHG site or any of the Services, including payment for and the delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings are solely between you and such third parties. You agree that we will not be responsible or liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.
12. Registration, Accounts and Passwords: Certain of the Services made available on the OMHG site may require registration. Should you choose to register for these services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current, and complete information about yourself as required by the Services’ registration form (the “Registration Data”); (ii) maintain and update the Registration Data to keep it true, accurate, current and complete; and (iii) be responsible for all activities that occur under such registration or account. If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reason to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
13. Our Privacy Policy: Registration data and certain other information about you are subject to our Privacy Policy. For more information, please see our Privacy Policy.
14. Any Dispute Between Us Will be Governed by Nova Scotia Law: These Terms and Conditions shall be governed by the laws of Canada and the Province of Nova Scotia, applicable to agreements made and to be performed therein without regard to conflict of laws principles.
15. International Use: We make no representation that materials on this site are appropriate or available for use in locations outside Canada. If you access this site from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
16. Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
17. Waiver and Severability of Terms: If we fail to exercise or enforce any right or provision of these Terms and Conditions, this shall not constitute waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intent of the provision in question, and the other provisions of these Terms and Conditions remain in full force and effect.
18. Further Assurances: You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as we may reasonably require from time to time for the purpose of giving effect to these Terms and Conditions, including regularly reviewing the Terms and Conditions and updating your registration information.
19. Language: The parties have agreed that this Agreement and all documents relating thereto be written in the English language. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.
20: Advertising, Contests & Promotions: OMHG only allows advertising, contests and promotions from our sponsors or contributors. All contests are offered ‘as is’ and we accept no liability for any exchange between you and the advertiser or contest provider. By entering a contest on OMHG you agree for your information to be used for the sole purpose of identifying a winner.
21. Affiliate links: At this time OMHG does not allow affiliate links of any kind in posts or advertisements in submissions or content published on our site.
22. General: BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
These Terms & Conditions are an evolving document that may change based on community input and feedback. If you have suggestions or concerns please email us at anytime.
