MEMBERSHIP TERMS
BloorWest.Info provides membership services including personalized settings,
personal ads, chatrooms, discussion forums, classified ads, job postings,
professional postings, auctions, games, surveys, and other online
services (the "Services") to people who have registered in respect of
those services ("Member" or "Members"). Your use of the Services is subject to these
membership terms and conditions and to our
TERMS AND CONDITIONS OF
USE OF SITE which are hereby incorporated
into these membership terms and conditions by this reference.
MEMBERSHIP TERMS
- BloorWest.Info ("Service Provider" or "we")
reserves the right to change the presentation, performance, use of
facilities and availability of any of the Services at its sole
discretion, including these terms and conditions, and you should check
these terms and conditions regularly for any changes.
- The Services are provided solely for each Member's own use and you
will not resell or attempt to resell the Services (or any part or
facility of them) to any third party.
- You grant to BloorWest.Info the right to disclose to third parties
certain registration data about you in the aggregate; however such
disclosure shall exclude information which can be used to identify you
on an individual basis unless:
(a) You expressly agrees such
information may be disclosed, or
(b) Service Provider is required to
provide the information by any applicable law, agency or legal process,
or in order to protect and defend the property rights of Service Provider
and/or its licensors.
- As a Member, you are responsible for your own communications and are
responsible for the consequences of posting those communications.
- Service Provider does not represent or guarantee the truthfulness, accuracy
or reliability of any material posted by Members or endorse any opinions
expressed by Members. You acknowledge that any reliance on material
posted by other Members will be at your own risk.
- Service Provider does not screen communications in advance and is not
responsible for screening or monitoring material posted by Members. If
notified by a Member of communications which allegedly do not conform to
these terms and conditions, Service Provider may investigate the allegation and
determine in good faith and in its sole discretion whether to remove or
request the removal of the communication. Service Provider has no liability or
responsibility to Members for performance or non-performance of such
activities.
- Service Provider reserves the right to expel Members and prevent their
further access to the Services for violating these membership terms and
conditions or the law and further reserves the right to remove
communications which are abusive, illegal, defamatory or disruptive.
- Service Provider retains the right to terminate your membership and rights
to use the Services or restrict availability of or to discontinue the
Services at anytime without cause, and without any liability to you.
- You acknowledge and agree that certain technical processing of your
communications and their content may be required to:
(a) Send and
receive messages,
(b) Conform to connecting networks' technical
requirements,
(c) Conform to the limitations of the Services, or
(d) Conform to other similar requirements.
You acknowledge
such processing and alteration are automated and do not constitute the
exercise of editorial control over the messages or the monitoring of
message content.
- Occasionally Service Provider may
(a) Change the technical
specifications of the Services; or
(b) Suspend the Services for
operational reasons such as repair, maintenance or improvement of the
Services or because of an emergency; or
(c) Change the system
resource limits applicable to your membership.
- Service Provider makes no warranty that the Services will meet your
requirements or that the Services will be uninterrupted, timely, secure
or error free, nor does Service Provider make any warranty as to the results
that may be obtained from the use of the Services, or as to the accuracy
or reliability of any information obtained through the Services or that
defects in the Services will be corrected.
- In consideration of being allowed to use the Services provided by
Service Provider, you agree that you will not:
(a) Use the Services for any
purpose in violation of local, state, or national laws of any country.
(b) Post material that is copyrighted, unless you own that material
or have the permission of the copyright owner.
(c) Post material
that reveals trade secrets, unless you own them or have the permission
of the copyright owner.
(d) Post material that infringes on any
other intellectual property rights of others or on the privacy or
publicity rights of others.
(e) Post material that is obscene,
defamatory, threatening, harassing, abusive, hateful or embarrassing to
another Member or any other person or entity.
(f) Post
sexually-explicit images.
(g) Post advertisements or solicitations
of business.
(h) Disrupt the normal flow of dialogue, or post
comments that are not related to the topic being discussed (unless it is
clear that the discussion is free-form).
(i) Post chain letters or
pyramid schemes.
(j) Impersonate another person.
You hereby
agree to indemnify and hold harmless Service Provider against any claims,
proceedings and actions taken and all damages (including costs) that may
be awarded or agreed to be paid to any third party in respect of any
claim or action arising as a result of your breach of this condition.
- By posting communications, you grant:
(a) To Service Provider: A
royalty-free, perpetual, irrevocable non-exclusive license to use,
reproduce, edit, modify, publish, translate, distribute, perform and
display those communications alone or as part of other works in any
form, media or technology whether now known or hereafter developed and
sublicense such rights through multiple tiers of sublicensees.
(b)
To other Members: The right to access, view, store, and reproduce the
communications for personal use.
- Other rules may apply to certain software and other items
provided as part of the Services. All software that is
made available for downloading from Service Provider's website ("Software") is
protected by copyright and may be protected by other rights. You may
only use such Software for the purposes of the Services, and may not
copy, reproduce, distribute or create derivative works based on the
Software. Except as expressly permitted by applicable law, you agree not
to dissemble or otherwise reverse engineer any of the Software for any
reason, or permit any third party to do so. The use of such Software may
also be governed by the terms in the software licence agreement or
applicable "legal notice" accompanying such Software. The downloading
and use of such Software is conditional on your agreement to be bound by
the terms of the relevant software licence agreement or designated
"legal notice".
- For the avoidance of doubt, the revisions of the
TERMS AND CONDITIONS OF USE OF SITE
relating to limitation of liability and disclaimers are
incorporated into these terms and conditions by this reference and shall
apply to the use, or inability to use the Services.
- These membership terms and conditions shall be governed by and
construed in accordance with the laws of Canada, and you hereby agree
for the benefit of Service Provider, and without prejudice to the right of
Service Provider to take proceedings in relation to these membership terms and
conditions before any other court of competent jurisdiction, that the
courts of Canada shall have jurisdiction to hear and determine any
action or proceedings that may arise out of or in connection with these
membership terms and conditions, and for such purposes you irrevocably
submit to the jurisdiction of such courts
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