Revision date: April 24, 2012
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ADCLUB.CA OFFERS YOU ACCESS TO OUR WEBSITE AND SERVICES:
Welcome to AdClub.ca. AdClub.ca provides its website and services (together, the “site”) to you subject to the terms of service set forth in these Terms and Conditions (the “Agreement”).
We may amend the Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our website, and effective immediately to users registering after amendments are posted. This Agreement is effective for all users of our site.
We provide our users with a variety of resources to facilitate interaction.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our site and acceptable Public Information (as defined in Section 3 (“Your Information”)). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from Canada or the country in which you reside.
2.1 Eligibility. Our site is available to all individuals who are at least 18 years of age. Our site is not available to temporarily or indefinitely suspended AdClub.ca users. By registering to use our site, you represent and warrant that you are at least 18 years of age.
We have the right, in our sole discretion, to suspend or terminate your use of our site and refuse any and all current or future use of all or any portion of our site.
2.2 Password and Security. When you complete our registration process you will create a password that will enable you to access our site. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that AdClub.ca cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.
2.3 Fees and Payments Access to our website and use of selected features of our site is free.
3. Your Information
3.1 Definition. “Your Information” is defined as any information post or other material you provide (directly or indirectly), including through the registration process or through the use of our site, in any public message board (including the personal introduction section of each topic group, or paid services of the AdClub.ca website) or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of our site or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as “Public Information” (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as “Private Information.” “Publicly accessible” areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
3.2 Restrictions. In consideration of your use of our site, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
You agree that your membership profile, message board postings, uploaded pictures, or any other portions of the website reserved solely for member use may not be used by you for commercial activity, sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of the AdClub.ca Group.
3.5 Consent to Disclosure. You acknowledge and agree that AdClub.ca may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Statement or the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of AdClub.ca, its employees, users and the public.
4. Use of site
4.1 Control. You, and not AdClub.ca, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our site. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our site, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will AdClub.ca its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our site, or for any failure to correct or remove information.
4.2 Grounds for Removal, Sanction and/or Suspension.Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate repeal and/or suspension of your account:
(a) The use of our site to (including, without limitation, eligibility requirements):
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our site;
(ii) impersonate any person (including AdClub.ca staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) “stalk” or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of AdClub.ca.; or
(vi) collect or store personal data about other users;
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”); or
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of AdClub.ca;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow AdClub.ca instruction or direction; or
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation.
(f) Transmit money to AdClub.ca or any AdClub.ca Group Organizer through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. AdClub.ca reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the site and attend AdClub.ca Gatherings at your own risk.
For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, AdClub.ca and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
4.3 Interference with site.
You agree that you will not:
a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of AdClub.ca or any other third party, except with the prior written consent of AdClub.ca or the appropriate third party.
4.4 General Practices Regarding Use of site. You acknowledge and agree that we may establish general practices and limits concerning the use of our site. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
5. Communication from AdClub.ca
5.1 AdClub.ca Communications. You understand and agree that we may send you certain communications, such as AdClub.ca service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you, and that these communications are considered part of our site.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that AdClub.ca shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
7. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that AdClub.ca shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our site.
You agree to indemnify and hold us and our third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our site, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation in AdClub.ca Gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at AdClub.ca Gatherings).
9. Warranties; Liability
9.1 Disclaimer of Warranties. Your use of our site is at your sole risk. Our site is provided to you “as is” and on an “as available” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our site. We disclaim any warranties for any information or advice obtained through our site. We disclaim any warranties for services or goods received through or advertised on our site or received through any links provided by our site, as well as for any information or advice received through any links provided through our site.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.
You understand and agree that you download or otherwise obtain material or data through the use of our site at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
9.2 Limitation of Liability. You agree that in no event shall AdClub.ca be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AdClub.ca has been advised of the possibility of such damages), arising out of or in connection with our site or this Agreement or the inability to use our site (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our site or transportation to or from AdClub.ca Gatherings, attendance at AdClub.ca Gatherings, and the actions of you or others at AdClub.ca Gatherings.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our site with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our site.
11. Termination; Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as an AdClub.ca member, or your ability to use all or any portion of our site, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our site. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the site.
This Terms of Service Policy is Effective as of April 24, 2012.