AGREEMENT

Terms and Conditions of Use




Welcome to the OmegaSources.com web site ("OSSite"). Please read this subscription agreement ("Agreement") carefully before using the OSSite. By using the OSSite, you hereby accept the terms of this Agreement and all other applicable terms and conditions and policies of Western Standard Publishing Company Inc.(WSP).


If you are registering for our Subscription Service, you must review and accept the terms of this Agreement as a prerequisite to registration. If you are not a subscriber, you may not have access to certain portions or features of the OSSite, but you will still be subject to our Legal Terms and Conditions page if you use the OSSite in any way.


This Agreement and all other applicable terms and conditions and policies of WSP constitute the entire agreement between you and WSP for your use of the OSSite.


Registration, Usage Authorization and Access

By using the OSSite, you represent to WSP that you are of legal age and capacity to enter into, and be bound by, this Agreement.

WSP is not responsible for providing, maintaining and updating all access lines, telephones and computer equipment, including software, modems and/or other peripheral access devices, required for your access to the OSSite.


Usage Obligations

The OSSite contains or may contain in the future, copyrighted animations, photographs, images, maps, charts, illustrations, videos, bubble views, text, formatting, editing, music, sounds and other intellectual property of WSP and/or third party suppliers, publishers, or licensor's ("Content"). All rights, title and interest in and to the Content, including all applicable copyrights, trade secrets, patents and other intellectual property rights, are and shall remain vested in WSP and its suppliers, licensor's and/or content partners, as applicable.


Except to the extent expressly permitted under the U.S. Copyright Act of 1976, as amended, you agree that you will not: 1) copy, use or download Content, including but not limited to “data-mining”, except to the extent permitted by the features of the OSSite; 2) reproduce and/or distribute Content except for educational, noncommercial or personal uses only provided that no changes or deletions are made to the Content, author attributions or proprietary notices in the Content; 3) decompile, reverse engineer, copy, disassemble, or otherwise reduce the Content to a machine or human readable form; and/or 4) reproduce the Content in any other medium or on any other server or location for further reproduction or redistribution.


Software made available for download from the OSSite, including data, files and images incorporated in, generated by or accompanying the software ("Software"), is governed by the terms of the end user license agreement, if any, which accompanies the Software. If no license agreement accompanies the Software, the terms of this Agreement regarding Content apply to the Software.


The OSSite includes links to third party Web sites that may be accessed for additional information on certain topics. These Web sites are operated by independent organizations and WSP does not endorse, and disclaims any and all liability for, the content or practices of such Web sites.


Except to the extent expressly provided in this Agreement, you may not copy, use, sublicense, rent, lease or otherwise remarket or distribute by any means now or hereafter available, including but not limited to, framing, copying, or reproducing by any means, any portion of the OSSite. WSP may, at any time, without notice or liability, change or discontinue any Content or feature of the OSSite.


You further agree:

1. Not to publish, post, or otherwise distribute the login ID and password that has been established for use with your individual subscription to OSSite.

2. To comply with the OSSite's "Acceptable Use Policy"

3. To notify the OSSite's team, by Contacting WSP, promptly if you suspect unauthorized use of the OSSite;

4. That you are responsible for the results obtained, and conclusions drawn, from your use of the OSSite;

5. To comply with all applicable laws, regulations, or conventions in using the OSSite, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct;

6. That you are not a specifically designated individual or entity under any U.S. (or other) embargo or otherwise the subject, either directly or indirectly, to any order issued by any agency of the U.S. Government (or any other government) limiting, barring, revoking or denying, in whole or in part, your export privileges and that you will notify WSP immediately in the event you become subject to any such order; and

7. Not to export or re-export the Content, directly or indirectly, to any countries that are subject to USA export restrictions.


OSSite Availability

The OSSite is generally available seven (7) days a week. However, WSP may, at anytime, without notice or liability, restrict the use of the OSSite or limit its availability in order to perform maintenance, update the Content or features, or for any other reasons WSP deems appropriate.


Charges and Payment

Unless otherwise agreed, all charges you incur for use of the OSSite will be charged to the credit card number provided by you for such purchases. If WSP does not receive payment from the card issuer you agree to pay WSP all amounts due upon demand. WSP may take commercially reasonable actions to validate your credit card. You agree to pay all attorney and collection fees arising from WSP efforts to collect any past due amounts from you to the extent allowed by law.


Changes and Notifications

WSP may, at any time, change the OSSite, the OSSite's privacy policy, subscription plan charges, payment procedures or other terms of this Agreement. Changes to subscription plan charges, payment procedures, terms and conditions, and the OSSite may be provided to you in the "Customer Support" section of the OSSite, or through another online or telephone support mechanism, by which you will receive notice of such changes. Changes to subscription charges will be effective at the end of your then current term.


If you find any change WSP makes to be unacceptable, you may terminate the OSSite in accordance with this Agreement. Your use of the OSSite after the effective date of a change constitutes your continued acceptance of the Agreement and the OSSite, as changed.


WSP may, at its discretion, supplement the above notices 1) by putting a pop-up notice on your screen when you access the OSSite, 2) by sending you a letter or e-mail; 3) utilizing any other reasonable means.


If WSP needs to contact you regarding your account, WSP may do so by postal mail or e-mail. If you need to contact WSP concerning the OSSite or your account, you may contact WSP by e-mail or by telephone as described on the OSSite.


An electronic communication appearing to be from the e-mail address you supply establishes you as its originator and has the same effect as a document with your written signature on it. A copy of an electronic communication made by reliable means shall have the same validity as the original electronic communication.


Term and Termination

The term of your subscription shall commence on WSP's acceptance of your registration and shall end after expiration of the time period for the subscription plan you selected as described information given at the time of your subscription. You may only terminate your subscription, by following the instructions for e-mail or telephone notice to WSP as contained in this OSSite Web site. The termination will become effective at the end of the then current term for the subscription plan you selected. You will not receive any refund of the subscription fee paid to WSP


WSP may terminate your subscription at any time for any or no reason. If WSP terminates your subscription (other than for: 1) your breach this Agreement or the WSP Acceptable Use Policy; 2) your use of the OSSite in a manner which is disruptive, causes a malfunction of the OSSite, violates the intellectual property or privacy or publicity rights of WSP or a third party, or violates any other applicable laws and regulations), WSP shall refund to you, at WSP's option, either the full subscription fee you paid to WSP for your then current term or a pro rata portion of the subscription fee you paid to WSP for the unexpired portion of the term of your subscription. On the effective date of termination, all rights granted to you under this Agreement terminate immediately.


Warranties, Liability Disclaimer, Liability Limitations, and Indemnity

THE OSSITE AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES, CONDITIONS OR REPRESENTATIONS CONCERNING MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT. WITHOUT LIMITATION, NO WARRANTY OR CONDITION IS GIVEN THAT THE OSSITE WILL BE ERROR-FREE OR UNINTERRUPTED. WSP DOES NOT REPRESENT OR WARRANT THAT CONTENT, INCLUDING BUT NOT LIMITED TO, ANY THIRD PARTY CONTENT, SHALL BE ACCURATE, PRECISE, RELIABLE, SUITABLE, AVAILABLE OR SAFE, OR THAT CONTENT WILL PROVIDE BENEFICIAL RESULTS.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS. THEREFORE THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY THE LAW.


IN NO EVENT WILL WSP, ITS AFFILIATES, LICENSORS AND CONTRACTORS BE LIABLE TO YOU OR ANY PARTY USING YOUR ACCOUNT FOR ANY DAMAGES, COST(S) OR LIABILITY, INCLUDING BUT NOT LIMITED TO PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE OSSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WSP OR ITS AFFILIATES, LICENSORS OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY SUCH DAMAGE OR LOSS. IN NO EVENT WILL WSP, ITS LICENSORS AND CONTRACTORS BE LIABLE TO YOU OR ANY PARTY USING YOUR ACCOUNT, IN AGGREGATE, FOR ANY AMOUNT WHICH EXCEEDS THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT FROM THE THEN CURRENT TERM.


SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW.


You agree to defend, indemnify and hold WSP, and its affiliates, licensors and contractors harmless, from and against any and all liabilities, cost and expenses, including reasonable attorney's fees, related to or arising from any breach by you of this Agreement and/or use of the OSSite.


User-Supplied Information

WSP will not publish (or authorize the publishing of) your name, payment method information, e-mail or physical address in connection with any information you provide to WSP or communications you send to WSO without your consent except that: 1) WSP may share information with third parties in any aggregated form that does not specifically identify any particular user; 2) WSP may provide your payment method information as reasonably required to obtain payment; and 3) WSP or third parties may publish information and communications that you send WSP.


You agree that WSP may use and share with third parties (such as affiliates, licensors, contractors or consultants) the data related to this Agreement that you provide to WSP only in accordance with the "WSP Privacy Policy". You also agree that such information may be transferred to such entities in any country whether or not a member of the European Economic Area.


You agree that the content posted in chat rooms, bulletin boards, and similar forums ("Forums") are not endorsed by, and shall not be considered reviewed, screened or approved by, WSP or any party on their behalf. However, WSP reserves the right for any reason remove any such content and to restrict or deny, in its sole discretion, any user access Forums without notice.


General

Each of us agrees that:


a. Subject to the terms of this Agreement, all information exchanged between you and WSP using the OSSite is not confidential and shall in no way create a confidential relationship with WSP;

b. Any terms varying from or adding to this Agreement in any communication from you are void;

c. Except as expressly provided herein, you are not granted any license in this Agreement to use trademarks, patents, copyrights, trade secrets, or other intellectual property rights;

d. Except for actions for intellectual property violations, neither party will bring a legal action related to this Agreement more than two years after a cause of action arises;

e. If any provision of this Agreement is determined to be invalid, all other provisions remain in force;

f. The failure of either party to enforce any of the provisions of this Agreement shall not be construed to be a waiver of such provision, unless such waiver is in writing and signed by the party waiving its rights;

g. nothing contained in this agreement will be construed to prevent WSP from complying with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by WSP with respect to such use;

h. you may not assign your rights or delegate or subcontract your duties under this Agreement to third Any act in derogation of the foregoing is void; and

i. The provisions of this Agreement which should reasonably survive termination of this Agreement do so.


Governing Law

This Agreement shall be construed under the laws of the State of Utah, USA, exclusive of its choice of laws provisions, and you hereby agree to be subject to the exercise of personal jurisdiction by the courts located in the State of Utah should any dispute arise from this Agreement.


ACCEPTABLE USE POLICY

The Internet is a new and evolving avenue for both commercial and social interaction. Along with the exciting opportunities that the Internet provides, there are also obligations. The Acceptable Use Policy below defines the actions relating to your use of the OSSite which WSP considers to be inappropriate and thus prohibited. The examples are provided solely for your guidance. If your are unsure whether any contemplated use or action is permitted, please send an e-mail in advance to WSP for assistance.


Actions, which are NOT appropriate, include, but are not limited to, the following:


1. Promoting, marketing or otherwise directing traffic (directly or indirectly) to a Web Site through the use of unsolicited commercial e-mail or spam.

2. Using the OSSite to market or sell any products or Web Sites that are unlawful in the location at which the content is posted or received, or for gambling or gaming activities.

3. Using the OSSite to post or communicate any content that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable).

4. Using the OSSite to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

5. Using the OSSite to post any content that holds WSP (including its affiliates) or its employees or shareholders up to public scorn or ridicule.

6. Using the OSSite to post, or copy any content that violates any copyrights, patents, trademarks, OSSite marks, trade names, trade secrets or other intellectual property rights of WSP or others.

7. Failing to obtain all required permissions when using the OSSite to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.

8. Deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner.

9. Using the OSSite in a manner that would subject WSP to liability under tort law, contract law or other legal basis, including the posting or communication of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress.

10. Introducing viruses, worms, harmful code and/or Trojan horses, images or text into OSSite on or through the Internet, or through any other method.


SYSTEM AND NETWORK

1. Attempts to obtain unauthorized access, such as attempts to circumvent user authentication or security of any host, network or account ("cracking"). This includes accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access or probing the security of other networks.

2. Attempts to interfere with OSSite to any user, host, or network. This includes "denial of OSSite" attacks, "flooding" of networks, deliberate attempts to overload the OSSite and attempts to "crash" a host.

3. Use of any kind of program/script/command designed to interfere with a user's terminal session.


E-MAIL

1. Harassment, whether through language, frequency, or size of messages.

2. Sending e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, the customer must not send that person any further e-mail.

3. Sending unsolicited bulk mail messages ("junk mail" or "spam") which, in WSP's sole judgment, is disruptive or generates a significant number of user complaints. This includes bulk-mailing of commercial advertising, informational announcements and political tracts.

4. Forwarding or otherwise propagating chain letters and pyramid schemes, whether or not the recipient wishes to receive such mailings.

5. Malicious e-mail, such as "mailbombing" or flooding a user or the OSSite with very large or numerous pieces of e-mail.

6. Forging of header information.


BULLETIN BOARDS, CHAT ROOMS AND FORUMS

1. Posting the same or similar messages to large numbers of news groups (excessive cross-posting or multiple-posting, also known as "USENET spam" ).

2. Posting a message whose subject or content is considered unrelated to the subject matter of the newsgroup in which it is posted.

3. Posting chain letters of any type.

4. Posting binary files to news groups not specifically named for that purpose.

5. Canceling or superseding posts other than your own, with the exception of official newsgroup moderators performing their duties.

6. Forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup or attempting to evade local or remote spam filters.


WITNESS OF AGREEMENT

By subscribing to OSSite, or by accessing OSSite, or by clicking the “I agree” button associated with this Agreement you (and/or those parties or entities which you represent) hereby agree to be bound by this Agreement and all of its terms and conditions.