The following words and expressions have the following meanings unless inconsistent with the context:
|Commercial Gain||includes, without limitation, using this Site as part of advertising which may result in revenue generation or personal gain, selling goods to a third party and copying, reproducing, distributing, publishing, transferring, transmitting, licensing, selling, commercially exploiting or duplicating any element of this Site whatsoever;|
|'we','us' or 'our'||Tickld, Limited, a company duly incorporated under the laws of Ontario;|
|'you' or 'your'||an individual, company or firm accessing our Site.|
By accessing any part of this Site and/or registering as a user of the Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Site immediately.
You must be older than 13 years to register as a user or access the Site. If you are under 16 please get a parent's or guardian's permission before making any contribution.
4- Service Access
Whilst we endeavour to ensure that this Site is normally available 24 hours a day, we shall not be liable for any reason this Site is unavailable at any time or for any period.
Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5- Links to and from Other Websites
Any links to third party websites on this Site are independent of Tickld and are provided solely for your convenience. If you use any links, you leave this Site at your risk. We may not have reviewed any such third party websites and will not control or be responsible for such websites or their content or availability. We therefore do not endorse or make any representations, warranties or conditions about any links provided to third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites which may be linked to this Site, you do so entirely at your own risk. Links on third party websites should not be deemed to imply that Tickld endorses such third party sites or any content therein. You must seek and obtain our written consent before creating any link to this Site. All authorized links to this Site must be to the home page of this Site and make it clear that this Site and its content are distinct from the website containing the link.
6- Information Contained on the Site
While we endeavour to ensure that the information on this Site is correct we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site or described in it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.
7- License, Copyright and Trade-marks
The following trade-marks used herein are owned by Tickld:
Subject to the requirement that you must not visit or use this Site for the purposes of Commercial Gain, you are permitted to print and download extracts from this Site for your own personal use on the following basis:
- no documents or related graphics on this Site are modified in any way;
- no graphics on this Site are used separately from accompanying text; and
- our copyright trade mark notices (or our licensor's) and this permission notice appear in all copies.
Subject to the above, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in this legal notice are reserved.
8- Prohibited Uses
You may use our Site only for lawful, personal and non-commercial purposes. You may download or copy the content displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not use our Site:
- in any way that breaches any applicable local, national or international law or regulations;
- in any way that is unlawful, fraudulent, or has any unlawful of fraudulent purpose or effect;
- for the purposes of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use material which does not comply with our content standards below;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
9- Interactive Services
We may from time to time provide interactive services on our Site, including, without limitation:
- Message boards (comments)
- Image Uploading
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular minors) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
10- User Uploaded Content and User Conduct
These Content standards apply to any and all Content which you contribute to our Site, and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who organized such Content. We may not monitor or control the Content posted via the Site and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere even if we have been advised of the possibility of such loss or damages.
- Be accurate (where they state facts);
- Be civil, courteous, respectful and in good taste;
- Be genuinely held (where they state opinions);
- Comply with applicable law in the United Kingdom and Canada and in any country from which they are posted.
Content must not:
- infringe, violate or otherwise interfere with any copyright or trade-mark of another party;
- infringe on any intellectual property right of another or the privacy rights of another;
- contain swearing or vulgar language;
- be libelous, defamatory, abusive, threatening, harassing, prejudicial, intimidating, menacing, hateful, offensive or otherwise violates any law or right of a another party;
- contain unlawful or objectionable content including but not limited to material which is sexist, racist, homophobic, obscene, profane, pornographic or defamatory;
- promote sexually explicit material, violence or any illegal activity;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright or trade-mark infringement or computer misuse; and
- contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
For your own safety and security you must not reveal any personal information about yourself or anyone else. Personal information includes, but is not limited to, names, email or postal addresses, phone numbers, photos or images and, in some cases, Instant Message Identities. Posts that request other members to submit personal information are likewise prohibited, including, but not limited to, communications that ask for personal information via email, mail, telephone, surveys, or research studies.
Third parties may license information on this Site to us. You agree that you will not use any robot, spider, scraper or other automated means to access this Site for any purpose with our express written permission. Additionally, you agree that you will not:
- take any action that imposes, or may impose in our sole discretion an unreasonably or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from this Site without the prior written permission from us and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or
- bypass other measures we may use to prevent or restrict access to this Site. We do not authorise you to extract or re-utilise substantial parts of this Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of this Site.
- immediately, temporary or permanent withdrawal of your right to use our Site;
- immediately, temporary or permanent removal of any posting or material uploaded by you to our Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to such law enforcement authorities as we reasonably feel is necessary.
12- Disclaimer of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES AND LICENSORS AND ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THIS SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR THE MATERIAL ON SUCH WEBSITES INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITES LINKED TO THIS SITE. IF YOUR USE OF MATERIAL ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF. YOU ALSO AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREIN IS AT YOUR SOLE RISK.
13- Jurisdictional Clause
This legal notice and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the laws of Canada.
The parties irrevocably agree that the courts of Canada will have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this legal notice or its subject matter.