|
|
| |
ADSPOTS™ INC. TERMS OF USE POLICY:
These terms and conditions (the "Terms") govern your use of this AdSpots.ca
("AdSpots") website (the "Website") and the AdSpots™ Inc. WiFi Services
including the Toolbars and any other tool or software supplied by AdSpots
("Services"). If you do not agree with these Terms, do not use this Website or
the Free WiFi Services.
By using the service, you accept the following terms of use:
You assume full responsibility for your usage of the service.
You assume full responsibility for taking any security measures necessary to
protect your communications through the service.
You will be respectful towards all other users of the service and will not
interfere with or act to the detriment of their use or enjoyment of the service.
You will not use the service to access Adult websites or content and we will
terminate your access if we detect it. AdSpots are generally located in Public
areas and adult material is inappropriate. Remember that you are responsible for
your own actions.
You will not use the service for any illegal activities and you will comply with
any acceptable use policy or use guidelines that AdSpots™ Inc. institutes.
Excessive use of bandwidth or other use deemed unreasonable by AdSpots™ Inc. is
prohibited.
You will not sell, lease, relay or share the service or any particular wireless
connection provided by the service without the express prior consent of AdSpots™
Inc. AdSpots™ Inc. provides the service without any warranties, express or
implied, statutory or otherwise, including warranties of quality, availability
or security.
You agree that neither AdSpots™ Inc., other users of the service nor the
operator of the access points to which you connect shall have any liability to
you or any other person, whether for general, special, punitive, aggravated,
economic or other damages, arising out of your usage of the service.
You agree to indemnify AdSpots™ Inc. for any claims, loss or injury caused to it
or any other person because of your use of the service.
Manipulate the price of any item or interfere with other user's listings;
Circumvent or manipulate our fee structure, the billing process, or fees owed to
AdSpots™ Inc.
Post false, inaccurate, misleading, defamatory, or libelous content (including
personal information).
Take any action that may undermine the feedback or ratings systems (such as
displaying, importing or exporting feedback information off of the site or for
using it for purposes unrelated to AdSpots Inc.);
Transfer your AdSpots Inc. account (including feedback) and User ID to another
party without our consent;
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm AdSpots Inc., or the
interests or property of AdSpots Inc. users;
Copy, modify, or distribute content from the sites and AdSpots Inc.'s copyrights
and trademarks; or
Harvest or otherwise collect information about users, including email addresses,
without their consent.
Abusing AdSpots Inc.
AdSpots™ Inc. works to keep our site working properly.
Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service
and user accounts, prohibit access to our website, delay or remove hosted
content, and take technical and legal steps to keep users off the sites if we
think that they are creating problems, possible legal liabilities, or acting
inconsistently with the letter or spirit of our policies. We also reserve the
right to cancel unconfirmed accounts or accounts that have been inactive for a
long time.
Fees and Services
Joining AdSpots™ Inc. is free. We do have a fee for advertising. When you
advertise with us you have an opportunity to review and accept the fees that you
will be charged based on our Fees Schedule, which we may change from time to
time. Changes to that policy are effective immediately after posting the changes
on the AdSpots™ Inc. website. We may choose to temporarily change the fees for
our services for promotional events (for example, free listing days) or new
services, and such changes are effective when we post the temporary promotional
event or new service on the site.
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are
responsible for paying all fees and applicable taxes associated with our site
and service with a valid payment method. If your payment method fails we may
collect fees owed using other collection mechanisms. (This includes retaining
collection agencies and legal counsel)
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub licensable (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but no other rights) you
have in the content, in any media known now or in the future.
While we try to offer reliable data, we cannot promise that the advertisements
will always be accurate. If you choose to include content in your advertisement,
you will be responsible for ensuring that your ads are accurate and do not
include misleading information. You agree that you will not hold AdSpots™ Inc.
responsible for inaccuracies in their advertisements. The advertisers may
include copyrighted, trademarked or other proprietary materials. You may use the
ads only for informational purposes and only in connection with your AdSpots™
Inc. listings. You may not use advertisers’ content in a way that infringes or
violates anyone’s proprietary rights.
Liability
You will not hold AdSpots™ Inc. responsible for other users' content, actions or
inactions. We have no control over and do not guarantee the quality, safety or
legality of items advertised, the truth or accuracy of users’ content or
listings.
We cannot guarantee continuous or secure access to our services, and operation
of the site may be interfered with by numerous factors outside of our control.
Release
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes.
Access and Interference
Muchof the information on our site is updated on a real-time basis and is
proprietary or is licensed to AdSpots™ Inc. by our users or third parties. You
agree that you will not use any robot, spider, scraper or other automated means
to access the site for any purpose without our express written permission.
Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an
unreasonable 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 the site without the
prior expressed written permission of AdSpots™ Inc. and the appropriate third
party, as applicable;
• interfere or attempt to interfere with the proper working of the site or any
activities conducted on the site; or
• bypass our restrictions or other measures we may use to prevent or restrict
access to the site.
Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We use your information only
as described in the AdSpots™ Inc. Privacy Policy. We view protection of users'
privacy as a very important community principle. We store and process your
information on computers located in Canada that are protected by physical as
well as technological security devices. You can access and modify the
information you provide us and choose not to receive certain communications by
signing-in to your account. We use third parties to verify and certify our
privacy principles. For a complete description of how we use and protect your
personal information, see the AdSpots™ Inc. Privacy Policy. If you object to
your Information being transferred or used in this way please do not use our
services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures and employees), harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement, or your violation of any law or the rights
of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by registered
mail to AdSpots™ Inc. AdSpots™ Inc. Alastair Ross Technology Centre, Suite 471,
3553 - 31 Street NW, Calgary, Alberta, Canada T2L 2K7 (in the case of AdSpots™
Inc.) or to the email address you provide to AdSpots™ Inc. during the
registration process (in your case). Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address is
invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to AdSpots™ Inc.
during the registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and AdSpots™ Inc., our goal is to provide you
with a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and AdSpots™ Inc. agree that we will resolve any claim or
controversy at law or equity that arises out of this Agreement or our services
(a "Claim") in accordance with one of the subsections below or as we and you
otherwise agree in writing. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution by going to the
Contact Us page. We will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
• Law and Forum for Disputes - This Agreement shall be governed in all respects
by the laws of the Province of Alberta and the federal laws of Canada applicable
therein. You agree that any claim or dispute you may have against AdSpots™ Inc.
must be resolved by a court located in Calgary, Alberta, Canada, except as
otherwise agreed by the parties or as described in the Arbitration Option
paragraph below. You agree to submit to the personal jurisdiction of the courts
located within Calgary, Alberta, Canada for the purpose of litigating all such
claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other
equitable relief) where the total amount of the award sought is less than
C$15,000, the party requesting relief may elect to resolve the dispute in a cost
effective manner through binding non-appearance-based arbitration. In the event
that a party elects arbitration, they shall initiate such arbitration through an
established alternative dispute resolution ("ADR") provider mutually agreed upon
by the parties. The ADR provider and the parties must comply with the following
rules: a) the arbitration shall be conducted by telephone, online and/or be
solely based on written submissions, the specific manner shall be chosen by the
party initiating the arbitration; b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed
by the parties; and c) any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against AdSpots™ Inc. must be
resolved in accordance with this Resolution of Disputes section. All claims
filed or brought contrary to the Resolution of Disputes section shall be
considered improperly filed. Should you file a claim contrary to the Resolution
of Disputes Section, AdSpots™ Inc. may recover attorneys' fees and costs up to
C$1500, provided that AdSpots™ Inc. has notified you in writing of the
improperly filed claim, and you have failed to promptly withdraw the claim.
Additional Terms
The following policies are part of this Agreement and provide additional terms
and conditions related to specific services offered on the site:
Privacy Policy
Advertisers Policy
Each and all of our policies may be changed from time to time. Changes take
effect when we post them on the AdSpots™ Inc. site. When using particular
services on our site, you are subject to any posted policies or rules applicable
to services you use through the site, which may be posted from time to time. All
such policies or rules are hereby incorporated into this Agreement.
General
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. In our
sole discretion, we may assign this Agreement in accordance with the Notices
section. Headings are for reference purposes only and do not limit the scope or
extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. We do not guarantee we will take action against all breaches of this
Agreement.
We may amend this Agreement at any time by posting the amended terms on this
site. This Agreement sets forth the entire understanding and agreement between
us with respect to the subject matter hereof. The following sections survive any
termination of this Agreement: Fees and Services (with respect to fees owed for
our services), Release, Content License, Liability, Indemnity and Resolution of
Disputes.
Privacy policy:
AdSpots™ Inc. will not without your express consent collect your personal
information, except for the email address you use to register for the service,
the MAC address of your wireless device, the times and locations of your
connections, and the amount of data transferred through those connections. In
addition, it will not log your data or its destination except when AdSpots™ Inc.
needs to analyze data transfer in order to resolve technical problems.
AdSpots™ Inc. will use your personal information solely for internal purposes in
connection with the operation, management and maintenance of the service or its
transfer to another operator, and will use customary measures to maintain the
security of that information, and will only keep the information for as long as
is reasonably required to fulfill these purposes.
Unless AdSpots™ Inc. is required to do so by applicable law; it will not share
your personal information with any third party without your express consent.
If you wish AdSpots™ Inc. to delete your personal information from its records,
or if you have any questions concerning the use of your personal information,
please contact AdSpots™ Inc. “Contact Us” page. In order to maintain this
service in the long-term, AdSpots™ Inc. may:
Institute connection limits, such as limiting speed or quality of connections.
Deactivate accounts for any reason whatsoever at the sole discretion of AdSpots™
Inc.
Deactivation may occur for reasons including, but not limited to, users not
abiding by this agreement or for purposes of eliminating duplicate accounts.
Block outgoing SMTP email connections or the use of any particular ports.
Contact users, using the email address under which they are registered, on
subjects relating directly to the activities or operations of AdSpots™ Inc.
Last updated: March 1st, 2010 0
|
|
|
|
|
|