Terms of Use for Orato.com

1. Introduction
Orato provides a collection of online resources, including news content, classified ads, comments, images, polls and various e-mail services (referred to hereafter as "the Services"). This User Agreement (the "Agreement") and Terms of Use (the "Terms") list the terms of the agreement between you, the user, ("You") and Orato.com ("Orato", "We" or "Us") for all the Services. By using the Services in any way you hereby agree to comply with these terms. In addition, when using some specific Orato services you agree to abide by any applicable posted guidelines for those Orato services, which may change from time to time. These additional guidelines and the Orato Privacy Policy are to be read in conjunction with, and subject to, these Terms. Should you object to any term or condition in these Terms, any guidelines or any subsequent modifications thereto, or if you become dissatisfied with Orato in any way, your only recourse is to immediately discontinue use of Orato and its Services.

2. Modification of Agreement
Orato reserves the right, at its sole discretion, to change, amend, modify or otherwise alter these terms and conditions at any time. Such modification shall become effective immediately on the posting thereof. It is your responsibility to review this agreement on a regular basis so as to keep yourself apprised of any changes. The most recent version of this Agreement and Terms can be found at heather@orato.com.

3. Content
You understand that all postings, messages, text, files, images, photos, video, sounds or other materials (the "Content") posted on or distributed through Orato's Services are the responsibility of the person from whom such Content originated. Furthermore, you understand that you are entirely responsible for all Content that you post, e-mail or otherwise make available via the service. You understand that Orato is not responsible for Content made available through the Services (aside from that content which it commissions and holds copyright in), and that, by using the Services, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, you understand that the Orato website and Content available through the Services may contain links to other websites. You understand that those websites are completely independent of Orato, and that Orato makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site, and that you link to any other sites at you own risk. You understand that it is your responsibility to evaluate and bear all risks associated with the use of any Content, that you may not rely on such Content, and that under no circumstances will Orato be liable in any way for any Content or for any loss or damage of any kind that is incurred as a result of the use of any Content posted, e-mailed or otherwise made available through the Services. You acknowledge and agree that Orato has the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Services, for any reason.

4. Third Party Content, Sites and Services
The Orato site and content available through the Services may contain features and functionalities that may link to or provide you with access to third party content, including websites, directories, services, networks, systems, information, databases, applications, software, programs, products or services and the Internet as a whole. You understand that any such third party content is completely independent of Orato, and that your interaction with organizations or individuals found on or through these Services, including payment for and delivery of goods or services, as well as any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations or individuals. You understand that it is your responsibility to make whatever investigations you feel necessary or appropriate before proceeding with any online or offline transaction with any of these parties. You agree that Orato shall not be responsible or liable for any loss or damage of any sort that is incurred as the result of any such dealings. If there is a dispute between any Users on the Orato site, or between any users and any third party, you understand and agree that Orato is under no obligation to be come involved. In the event that you have a dispute with one or more other users, you hereby release Orato, its officers, employees, agents and successors in rights from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected to such a dispute and the Services offered by Orato.

5. Notice of Claims of Infringement
If you believe that your work has been copied in a way that amounts to copyright infringement, or that your intellectual property rights have been otherwise violated, please notify Orato at the following e-mail address: heather@orato.com.
In such a notification, please provide Orato with the following information:
a)Sufficient guidance to allow Orato to identify and locate the material on the Orato site that you claim is infringing;
b)A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c)A statement by you declaring, under penalty of perjury, that (1) the information contained in your notice is accurate, and (2) that you are the owner of the copyright interest involved, or that you are authorized to act on the behalf of that owner; d)Contact information, including your physical address, telephone number; and an e-mail address; e)Your physical or electronic signature. Upon receipt of such notification, Orato will remove the infringing Content, subject to confirmation of the information contained in the notice.

6. Privacy Policy
As previously mentioned, Orato has developed the Orato Privacy Policy (the "Privacy Policy"). The Privacy Policy is designed to explain to users how their information is collected and used. The Privacy Policy is available from and can be accessed through the Orato website. By using the Orato website or the Services, you hereby acknowledge and agree with the Privacy Policy. You further acknowledge and agree that Orato may, in its absolute discretion, preserve or disclose your Content, as well as your information such as e-mail addresses, IP addresses, timestamps and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; to enforce these Terms; to respond to claims that any Content violates the rights of third parties; to respond to claims that contact information of a third party has been posted or transmitted without their consent or as a form of harassment; and/or to protect the rights, property or personal safety of Orato, its Users or the general public.

7. Protection of Minors
Orato is committed to the protection of minors. All minors should obtain their parents' permission prior to using the Orato site or Services in any way. If you are a minor and do not have permission to be access the Orato site or the Services, please discontinue your use immediately. Orato acknowledges and advises you of the existence of parental control systems which assist to prevent minors from accessing material which may be offensive, indecent, or otherwise objectionable. Examples of such parental control systems include CyberPatrol©, Cybersitter©, and NetNanny©. Orato does not endorse nor recommend the use of any specific parental control system, and no warranties of any kind are made in relation to any such systems. More information on parental control systems may be obtained by entering the search term "parental control software" into www.google.com.

8. Conduct
You hereby agree not to post, e-mail or otherwise make available Content: (a)that is unlawful, hurtful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (b)that is pornographic or depicts a human being engaged in actual sexual conduct, including but not limited to (1) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same sex or opposite sex, or (2) bestiality, or (3) masturbation, or (4) sadistic or masochistic abuse, or (5) lascivious exhibition of the genitals or pubic area of any person; (c)that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (d)that knowingly violates any law in any jurisdiction that prohibits discrimination on the basis of the following, or any other characteristics: race, colour, national origin, religion, sex, familial status or handicap; (e)that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity (this message does not apply to messages that are lawful non-deceptive parodies of public figures); (f)that includes personal or identifying information about another person without that person's explicit consent; (g)that is false, deceptive, misleading, deceitful, misinformative, or constitutes a "bait and switch"; (h)that infringes any patent, trademark, trade secret, copyright or any other proprietary right of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (i)that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (j)that constitutes or contains any form of advertising or solicitation if: (1) posted in areas of Orato that are not intended or designated for such purposes; or e-mailed to Orato users who have not indicated in writing that it is permissible to contact them about other services, products or commercial interests; (k)that includes links to commercial services or web sites, except as allowed by Orato; (l)that advertises any illegal service or the sale of any items, the sale of which is prohibited or restricted by any applicable law; (m)that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or system, or any telecommunications equipment; (n)that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other Users' ability to use the Service; (o)that employs misleading e-mail addresses or forged headers or otherwise manipulated identifiers, in order to disguise the origin of Content transmitted through the Service. As previously stated, you acknowledge and agree that Orato may refuse, delete or remove any content which is posted in violation of these Terms or for any other reason. Additionally, you agree not to: (p)contact any Orato user who has asked not to be contacted; (q)"stalk" or otherwise harass any Orato user; (r)collect personal data about other users for commercial or unlawful purposes; (s)use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services – unless expressly permitted by Orato. (t)attempt to gain unauthorized access to Orato's computer systems or engage in activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Orato website; or (u) use any form of automated device or computer program that enables the submission of postings on Orato without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submissions of postings at regular intervals.

9. No Spam Policy
You understand and hereby agree that sending unsolicited e-mail advertisements to Orato e-mail addresses or through Orato's computer systems, which is expressly prohibited by these Terms, will use or cause to be used Orato servers. Any unauthorized use of Orato computer systems is a violation of these Terms and numerous laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

10. Limitation on Services
You acknowledge that Orato may establish limits concerning the use of the Services, including the number of days that Content will be retained by the service, the maximum number and size of postings or other Content that may be transmitted or stored by the Service, and the frequency with which you may access this service. You agree that Orato has no responsibility or liability for the deletion of or failure to store any Content maintained or transmitted by the Services. You acknowledge that Orato reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Orato shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

11. Access to the Service
Orato grants you a limited, revocable, non-exclusive license to access the Services for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Orato. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Orato files and procedures. "General purpose Internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classified listings such as jobs, housing, for sale services or personals, or which is in the business of providing classified advertisement listing services. Orato permits you to display on its website, or create a hyperlink on your website to, individual postings on the Services, so long as such use is for non-commercial and/or news reporting services (e.g. for use in personal blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, in the absence of express permission granted by Orato to do so. You may also create a hyperlink to the homepage of Orato sites so long as the link does not portray Orato, its employees or affiliates in a false, misleading, derogatory, or otherwise offensive manner. Orato offers various parts of the Services in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Orato permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only; (b) each title is correctly linked back to the original post on the Services and re-directs the user to the post when the user clicks on it; (c) you provide, adjacent to the RSS feed, proper attribution to "Orato" as the source; (d) your use or display does not suggest that Orato endorses or promotes any third party causes, ideas, websites, products or services; (e) you do not redistribute the RSS feed; and (f) your use does not overburden Orato's systems. Orato reserves all rights to the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Services beyond the scope or authorized access granted to you by Orato immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Services or any content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Orato.

12. Termination of Service
You agree that Orato, in its sole discretion, has the right (but not the obligation) to suspend, delete or de-activate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (and any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason including, without limitation, if Orato believes you have acted inconsistently with the letter or spirit of these Terms. Further, you agree that Orato shall not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. Clauses 2, 4, 6 and 11-17 of these Terms shall survive termination of your access to or use of the Services.

13. Proprietary Rights
The Services offered by Orato are protected to the maximum extent permitted by copyright laws and international treaties including, but not limited to, the Convention for the Protection of Literary and Artistic Works or any of its revisions (the "Berne Convention"). Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation or derivative works from, or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or distribution is prohibited without the express written consent of Orato. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Orato, in its sole discretion, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce duplicate, copy, sell, resell or exploit for any commercial purposes any aspect of the Services. Although Orato does not claim ownership of content posted on the site by users (aside from work that is commissioned by Orato and which is governed by specific Correspondents' Agreements), by posting Content to any public area of the service you automatically grant, and you represent and warrant that you have the right to grant, to Orato irrevocable, perpetual, non-exclusive, fully paid, world-wide license to use, copy, perform, display, and distribute said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant Orato all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Services by any party for any purpose.

14. Disclaimer of Warranties
You agree that use of the Orato site and Services is done so entirely at your own risk. The Orato site and Services are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permissible by law. To the fullest extent permitted by law, Orato disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Orato site and the Services. To the fullest extent permitted by law Orato disclaims any warranties for other services or goods received through or advertised on the Orato sites or Services, or accessed through any links on the Orato site. To the fullest extent permitted by law, Orato disclaims any warranties for viruses or other harmful components in connection with the Orato site or the Services. Orato recognizes that some jurisdictions do not allow for the disclaimer of implied warranties. In such jurisdictions therefore some of the foregoing disclaimers may not apply to you and your use of the Orato site and the Services, insofar as they relate to implied warranties.

15. Limitation of Liability
Under no circumstances shall Orato be liable for any direct, indirect, incidental, special, consequential or exemplary and/or punitive damages (even if Orato has been advised of the possibility of such damage), resulting from any aspect of your use of the Orato site or the Services, whether the damages arise from use or misuse of the Orato site or of the Services, from inability to use the Services, or the interruption, suspension modification, alteration or termination of the Orato site or the Services. Such limitation shall apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Orato site or the Services or any links on the Orato site, as well as by reason of any information or advice received through or advertised in connection with the Orato site or Services or any links on the Orato site. These limitations shall apply to the fullest extent permitted by law. Orato recognizes that in some jurisdictions, limitation of liability is not permitted. Accordingly, some of the foregoing limitations may not apply to you.

16. Indemnity
You agree to indemnify and hold Orato, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

17. General Information
These Terms constitute the entire agreement between you and Orato and govern your use of the Services, superseding any prior agreements between you and Orato. These Terms and the relationship between you and Orato shall be governed by the laws of the United States of America. You and Orato agree to submit to the personal and exclusive jurisdiction of the courts located within the United States of America. The failure of Orato to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavour to give effect to parties' intentions as reflected in the provision, and all other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or shall be forever barred. All financial transactions are in USD. For further information write to: Orato Media, 515 Seymour, Vancouver, BC, V6B 3H7, (604) 688-3100.

18. Violation of Terms and Liquidated Damages
Please report any violation of the Terms by e-mailing such report to the following e-mail address: info@orato.com. You hereby acknowledge and agree that failure by Orato to act with respect to any breach of these Terms by you, or any other user does not waive Orato's right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Orato to pursue legal action to enforce these Terms, you will be liable to pay Orato the following amounts as liquidated damages, which you accept as reasonable estimates of Orato's damages for the specified breaches of these Terms: (a)If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay to Orato one thousand dollars (US$1000.00) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. (b)If Orato establishes limits on the frequency with which you may access the Services, or terminates your access to or use of the Service, you agree to pay Orato one hundred dollars (US$100.00) for each message posted in excess of such limits or for each day on which you access Orato in excess of such limits, whichever is higher. (c)If you send unsolicited e-mail advertisements to Orato e-mail addresses or through Orato e-mail computer systems, you agree to pay Orato fifty dollars (US$50.00) for each such e-mail. (d)If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Orato one hundred dollars (US$100.00) for each such message. In its sole discretion, Orato may elect to issue a warning before assessing damages. (e)If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Orato's express written permission, you agree to pay to Orato five thousand dollars ($US5000.00) for each day on which you engage in such conduct. Otherwise, you agree to pay Orato's actual damages and legal costs to the extent such actual damages and legal costs can be reasonably calculated. Notwithstanding any other provision of these terms, Orato retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term, or in aid of the exercise of any power granted in these terms or any combination thereof.

19. Feedback
Orato welcomes your questions and comments.