Terms and Conditions

Welcome to OAP!

These terms and conditions outline the rules and regulations for the use of OAP's Website, located at https://ominous.app.

By accessing this website we assume you accept these terms and conditions. Do not continue to use OAP if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing OAP, you agreed to use cookies in agreement with the OAP's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, OAP and/or its licensors own the intellectual property rights for all material on OAP. All intellectual property rights are reserved. You may access this from OAP for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from OAP
• Sell, rent or sub-license material from OAP
• Reproduce, duplicate or copy material from OAP
• Redistribute content from OAP

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. OAP does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of OAP,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, OAP shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

OAP reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant OAP a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of OAP; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to OAP. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of OAP's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

General Conduct

• Members are to treat one another with respect when communicating through comments. Abusive or racial comments will not be tolerated. While we try not to censor comments if it is clear that a pattern of targeting other people is occurring your comment may be removed.
• You will not post photos that belong to someone else unless you have that person's permission.
• Your account belongs to you and only you. Anyone caught sharing their account will have their access revoked.
• Multiple accounts are not permitted. If you need to have your account combined with another one, let us know.
• IMPORTANT: If you have been found to have stolen (taking items from a location that don't belong to you), your account will be terminated. If you are caught vandalizing a location, your account will be terminated.
• We rarely need to delete/ban a member. In the rare case where this occurs we will keep the reasons confidential. Only the administration will be informed of the details. If however you choose to complain publicly about your dismissal and in a manner that brings negative attention to the site, we may choose to publicly post the details as to why you were banned.
• Members do not 'own' the locations that they create, they only own the photographs. If a member chooses to close their account, their photographs will NOT be automatically removed. You should manually remove your albums first or allow us to keep them online. Again - when creating a location you should be aware that it becomes part of the site, you cannot own an entry. This would be like posting your favourite fishing spot, camp ground, etc. and claiming that it belongs to you.
• Members choose to create locations on OAP because it represents a secure environment for their content (as compared to posting it public on social media such as Flickr). The Full Member voting process is meant to ensure that your locations remain in the circle of trust that this website attempts to uphold. Keep in mind that no access system is perfect and there is always potential for word of mouth information spreading. Members who create content on OAP should understand that their locations may be visited by other members and as such, photographs taken by other member's may be posted on websites outside of OAP. When posting photos elsewhere of a location that you found on OAP and which was not created by you, there's an understanding that any details that might lead a person to these properties, is to remain CONFIDENTIAL. This includes addresses or correspondence containing addresses, full names of former occupants, street signs, etc. These should be removed from your photos and from your written descriptions. If you'd like to post these details to accompany your photos, and the location is not yours, you should seek permission from the person who created the entry. Most members do NOT take kindly to anyone reposting content on public blogs, Instagram, etc. where that content leads strangers to the location. (We're not saying that you can't post elsewhere, we're just asking that you ask the location creator first. If you continually disregard the wishes of a location owner, your account will be closed.)
• The expectation that members not post personal identifying information is reasonable. You'd not have access to the location if someone else didn't add it to the database. Members who fail to respect this necessary secrecy may lose their access. We cannot function as both a secure database and a "I can do whatever I want with your information" database. We just can't. You give up some free speech for the right to access this website the same way you give up some free speech at work when you sign a confidentiality agreement. Your employer may allow you access to medical files, in return for your agreement not to reveal that information outside of work. We allow you access to a database in return for your agreement to keep this information inside our community.
• It is generally understood that locations created on OAP may be visited by extra people who accompany our members (spouses, significant others, a close friend). Use common sense here. If you plan to bring 13 members of your baseball team with you, this could constitute a serious breach of security. We deal with security on a case by case basis.
• You may share your own content with whomever you want, and they are free to post full location details if you permit them to. You are in complete control of the locations that you create.

Lastly,

We are always open to suggestions for new features or to make changes. Members are routinely asked for their input when it comes to major changes in the operation of the website. I've said it before and I'll say it again - this is YOUR website, based on your contributions. Feel free to offer any suggestions that you want.

Please remember that your use of this website is a privilege and not a right. If you do not follow these basic conduct expectations, we have every right to close your account.

General Terms

• Ontario Abandoned Places (herein referred to as 'OAP') uses reasonable effort to include accurate and up-to-date content in the Site. OAP gives no warranties, representations or conditions as to its accuracy, completeness, quality, reliability, timeliness, legality or suitability of the contents. OAP assumes no liability or responsibility for any errors or omissions in the content or with respect to any links from the Site. You need to be aware that some roads may be private, for logging use or not suitable for car travel. Know the territory before you travel it. Example: If you visit a location and are caught trespassing, you cannot claim that OAP told you that it was safe to trespass on the property. OAP provides information about locations on an "as is" basis, information found on OAP should not be considered legal advice. You should never enter onto someone's property without first seeking permission from the property owner.
• Your use and browsing of the site is at your risk. Neither OAP nor any other party involved in creating, producing or delivering the site is liable for any direct, incidental, special consequential, indirect or punitive damages arising out of or relating to your access to, or use of, the site. OAP also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the site or your downloading of any materials, data, text, images, video or audio from this site. In plain English… use of this site is at your own risk.
• OAP has not reviewed all of the sites as found on the "Links" to other sites and is not responsible for the access to or contents of any off-site pages.
• OAP assumes no responsibility or liability arising from the content of any such location on the site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. OAP does not actively monitor all areas of the site but will remove any content defined in section 4 (above) upon request.
• OAP may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
• "Content" includes without limitation any and all information, material, recommendations, reports, web pages, graphics, data, text, video, audio, databases, files and images used or embodied in this Site, including the manner in which the information is presented or appears and all information relating thereto. "The site" refers to https://ominous.app
• The information that you enter for location descriptions must be in your own words. You agree to allow us to publish this information even if you decide to leave the site. Factual information is not covered by copyright.

Member Privacy

• OAP retains logs of visitors for a limited period only after which they are automatically deleted. Your user information is not, and will not, be sold or exchanged with any third-party.
• IPs are logged to identify abuse.
• Your e-mail address and name will never ever be sold. Moderators have access to this information to occasionally reach out for administrative purposes.
• We may receive messages from property owners asking that their property is removed from the website if it was added without permission. In this circumstance we will contact you to ask that you remove the entry. If we do not receive a response back from you within 24-48 hours, we may remove your location.
• We do not 'delete' accounts, we only close accounts. Your locations, comments and forum posts remain on the website in the event you close your account or are banned. Your photos belong to you and may be removed at any time you choose to do so.

Photography

• Photographs appearing on this webpage are either provided by OAP, have been uploaded by visitors, or have been obtained from archives. These photographs may be protected under Canadian Copyright Law.
• For photographs taken by OAP (Ontario Abandoned Places), permission must be obtained to duplicate or publish these photographs. As this web page is a non-profit service, OAP does not charge any fee to use our photographs.
• Permission to use photographs uploaded by other members must be obtained from the photographer as OAP cannot grant permission on their behalf. OAP cannot and will not be responsible for members uploading copyrighted photos. Members are expected to own the copyright for all images which they upload to the site.
• Photographs taken from archives shall have their source indicated (if known). If a photograph should appear that originated from your archive, please contact OAP. Every effort has been taken to credit proper sources.
• On pages where vintage photographs are used, per sections 6.0 and 10(1) of the Copyright Act, these copyrights may have expired.
• Sometimes people make mistakes so if you encounter a photograph that is your intellectual property, please let us know so that we may remove it or credit your work.

Canspam Act

Members agree to receive periodic e-mails alerting them to new content such as new locations, new photo comments or new private messages. The ability to opt out of these alerts is available via the member's account options. Members may also contact the site administrator by private message or via the Contact option to request they no longer receive these messages.

Payment

We use Stripe to conduct all payments on this platform and do not keep any personal information regarding payment related details. All payments for subscriptions and one time purchases are subject to buyers local tax. We reserve the right to to refuse service to any members. Refunds will be issued at our discretion, if ever required.