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II Terms of Use

Updated Jan. 14, 2011 

1.Welcome to TorontoArtsandEvents’ web site,www.torontoartandevents.com (the "Site" or “Website"). TorontoArtsandEvents is a Toronto based division of 7988826 CANADA INC. (“TorontoArtsandEvents” or “us” or “Us” or “we” or “We”) that provides for the listing, covering and promoting of events in the Greater Toronto Area and related goods and services. By using this Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use" or “this Agreement”) whether you are a "Visitor" (which means that you simply browse certain parts of the Site without being registered) or you are a "Member" which means that you have registered with us. There are various classes of Members such as Special Members, Public Relation Members, Media Members and Service Provider Members. The term "User" means either a Visitor or a Member.

 

IF YOU DO NOT AGREE TO BE BOUND BY THE Terms of Use and [Privacy Policy], AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP ACCESSING THE Site AND IF YOU ARE A MEMBER NOTIFY us THAT YOU ARE TERMINATING YOUR MEMBESHIP.

 

We reserve the right to modify the terms and conditions of the Terms of Use at any time without notice to you, and these modifications will be effective after they are posted on this Site. You agree to review these Terms of Use periodically to be aware of these modifications, and your continued use of the Site following the posting of any modified terms will be deemed to be your conclusive acceptance of the modified terms and conditions.

 

2.1 Definitions:

 

The following definitions are used in this Terms of Use:

 

“posting” means that you transmit, submit, display or publish (“post”) content on the Site or through a Linked Service;

 

“content” includes but is not limited to links, private messages, emails and instant messages, photos, videos, articles, text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials;

 

“Special Member” is a person who registers as a regular user account (i.e. not as a Public Relations Member, Media Member or Service Provider Member) of the Site.  The Special Member is entitled to complete a Special Member profile and is permitted to view the site and post content (except for articles) on the Site;

 

“Public Relations Member” is an in-house public relations officer for an event or events or is a public relations officer of a business that offers public relations services for an event. A Public Relations Member is entitled to complete a public relations profile by click under Event Promoter account and post, edit and update a listing and content (except for articles) regarding an event(s) on the Site.

 

“Media Member” is a member of the media and is entitled to complete a media account and is entitled to post, edit and update media content regarding an event(s) on the Site. Admission to an event is up to an event organizer.

 

“Service Provider Member” is a profile of a business that provides specified goods or services as indicated by its profile. A service provider user is entitled to complete a service provider profile containing true information regarding legal goods and services that it provides.

 

“Other Services” are as defined in sub-paragraph 13.1.

“Linked Services is defined in paragraph 10.2

 

2.2 Construction

In these Terms of Use:

(a) words denoting the singular include the plural and vice versa, and words denoting any gender include all genders;

(b) the word "includes" or "including" shall mean "includes without limitation" or "including without limitation", respectively;

(c) any reference to a statute shall mean the statute in force, as amended from time-to-time, and any regulation in force thereunder, unless otherwise expressly provided;

(d) any references to sections or Articles are references to Sections or Articles of this Agreement, unless the context otherwise requires;

(e) the use of headings is for convenience of reference only and shall not affect the construction of this Agreement;

(f) when calculating the period of time within which or following which any act is to be done or step taken, the date which is the reference day in calculating such period shall be excluded. If the last day of such period is not a Business Day, the period shall end on the next Business Day;

(g) all dollar amounts are expressed in Canadian funds.

 

2.3 Privacy Policy: Use of the Site is also governed by our [Privacy Policy], which is incorporated into these Terms of Use by this reference.

3. Representations as to Eligibility

 

You represent and warrant that, if you are an individual, you are at least 16 years old and otherwise legally competent in all respects to, or, if an entity, you are a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possess all the legal authority and power to accept and be bound by these Terms of Use. You warrant that use of the Site is not prohibited in your jurisdiction and you warrant that (i) you are from the jurisdiction indicated in your postal code (ii) all information you that submit is accurate and not false nor fraudulent; (iii) you agree to maintain the accuracy of such information; (iv) your use of the Site does not violate any applicable law. TorontoArtsandEvents may delete or disable your Membership without warning, if TorontoArtsandEvents believes (in its sole discretion) that you are under 16 years of age or if we believe you misrepresent your age.

 

Without limitation, if you register as a Media Member, you represent and warrant that you are a legitimate member of the media and that any media organization described is a legitimate media outlet.

 

Without limitation, if you register as a Service Provider Member, you represent and warrant that information you post regarding the service profile is complete and accurate and of a true service provider and not false nor fraudulent.

 

Without limitation, if you complete a Public Relations Member, you represent and warrant that the information that you post is complete and accurate and that the information is that of either of an in-house public relations office for an event or events or of a profile of a business that offers public relations services for an event

 

4.1 Term & Membership:

 

You agree that these Terms of Use, and any revision posted on this Site, shall remain in full force and effect while you are a Member or a Visitor and the following paragraph shall survive termination any termination of your membership or your visit to this Site.

 

You may terminate your Membership at any time by sending a message or email which will take effect as soon as practically possible thereafter. TorontoArtsandEvents may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. We reserve the right, in our sole unfettered discretion, to refuse to post, and/or to disable or to remove any posting made by you. Also we may restrict, deny, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. TorontoArtsandEvents also reserves the right, in our sole unfettered discretion, to rename and/or remove your profile URL, to restrict, deny, suspend or terminate your access to this Site or any of its features if we determine, in our sole unfettered discretion, that you have or are about to violate any of these Terms of Use.

 

4.2 Fees & Independence of  Members:

4.2.1 TorontoArtsandEvents has the right to charge for any portion of the Site and to change its fees from time to time in its sole discretion. If  TorontoArtsandEvents terminates your Membership because you have breached the Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments.

4.2.2  Members Are Independent: If you post content to us as a Member, you will be treated as an independent contractor, not an employee. You agree that you are not entitled to, and do not expect any wages or compensation from us for any of your content. You also agree that you are not eligible for any employee benefit plans or programs. You are responsible for obtaining your own equipment such as your own computer, Internet access, third-party clearances and licenses and everything else you need to post your content. Further, you are not under our direction or control and that you cannot hold yourself out as our agent or representative or attempt to bind us to any obligations. You acknowledge and agree that we provide an Internet forum for you to post content regarding events. If you post content on the Site, you decide when, where and how often you post content.   We do not select or approve your topics.  Access to events is up to event organizers.

5. Passwords and Security:

 

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify TorontoArtsandEvents immediately of any authorized use of your password(s). You are responsible for all actions performed by your account whether done by you or by others.

 

6. Intellectual Property

 

6.1 Intellectual Property Rights for Postings: TorontoArtsandEvents does not claim any ownership rights in the Content you post (“your Content”. ) You retain any such rights that you may have in your Content, subject to the following license. You hereby grant to TorontoArtsandEvents a worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute your Content, including, to the Site, any applications, websites or mobile, desktop or other services which are linked with your TorontoArtsandEvents Profile and which includes, distributing part or all of the Linked Services and any of your content, in any media formats existing now or in the future and through any media channels. This limited license does not grant TorontoArtsandEvents the right to sell or otherwise distribute your Content outside of the Site or Linked Services. Notwithstanding the foregoing, you agree and understand that once your Content is distributed to a Linked Service, TorontoArtsandEvents is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

6. 2 The license you grant to TorontoArtsandEvents is non-exclusive (so that you can license Content to others) and is royalty-free and is sub-licensable.

 

6. 3 You warrant and represent that: (i) you either own the content posted by you, or otherwise have the right to so post and grant the license to TorontoArtsandEvents provided for in this Agreement, and (ii) the content posted by you does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for any and all fines, royalties, fees, and any other monies whatsoever owing any person or entity by reason of the use of any Content posted by you on or through the Site or Linked Services.

6. 4 The Site contains content of TorontoArtsandEvents ("TorontoArtsandEvents Content") is a valuable asset of TorontoArtsandEvents and is protected by copyright, trademark, patent, trade secret and other laws, and TorontoArtsandEvents owns and retains all rights thereto; however, TorontoArtsandEvents hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the TorontoArtsandEvents Content (excluding any software code) solely for your use as provided for by these Terms Of Use. You may not use, publish, copy, modify, translate, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Site and Linked Services except as provided for in these Terms of Use.

 

7. Prohibition of Publication of Certain Material and Activities:

 

7.1 General: You agree to use the Site and the Linked Services for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International, United States or Canadian Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material that we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. You assume all risks if content you posted is not in the public domain when you have assumed that it is.

 

7.2 Prohibited Activities:

 

Without limitation, you agree not to:

(i) post, use, possess, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others ;

(ii) participate in any illegal gaming, or soliciting schemes;

 

(iii) post any content or make any use whatsoever or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law, order or regulation.

(iv) use the Site or Linked Services in such a manner so as to avoid charges for usage in violation of this or other agreements;

(iv) participate in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

 

(v) access the Internet or the Site or Linked Services using an Internet Protocol (IP) addresses other than the one assigned to you;

(vi) collect or store personal data about others, invade or violate another person's privacy, or stalk or harass another person or entity;

(vii) access any software, computer, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate such access;

(viii) post,, deface, modify or otherwise make available content protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement), without obtaining permission of or proprietary right holder or the copyright owner ;

(ix) use, sell reproduce, distribute, or otherwise exploit the Site or the Linked Services or content we provide or which you obtain through the Site or the Linked Services for any commercial purposes;

(xii) interfere with the ability of any person to access, use or enjoy the Site , the Linked Services, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature, distributing spam ( mass or unsolicited e-mail) or other messages;

(xiii) disrupt, restrict, inhibit or impede the delivery of the Linked Services, Site or Linked Services;

(xiv) to hack or attempt to crash the Site

(xv) use the Site or Linked Services for anything other than the purposes provided for in the Terms of Service.

(xvii) impersonate any person or entity, including, without limitation, a TorontoArtsandEvents representative, or falsely misrepresent your affiliation with a person or entity;

(xviii) forge headers or identifiers in order to disguise the origin of any content posted through the Site or Linked Services; or

(xix) port scan a person's wireless device or computer without that consent, or use any hardware tools designed to facilitate these scans.

(xx) any kind of spamming, i.e. the sending of unsolicited email is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by us.

(xxi) any running of unconfirmed mailing lists is prohibited. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. Purchasing lists of email addresses is prohibited.

(xxii) any advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Terms of Use or the Terms of Service of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

(xxiii) any email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

 

7.3 Prohibited Content

7.3.1 You agree not to post to the Site or any Service any Unlawful or Inappropriate Content as outlined below. Despite this prohibition, content provided by other Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and TorontoArtsandEvents assumes no responsibility or liability for this content. You agree that if you become aware of any illegal or unauthorized content by any person or Linked Service, to report the said content to us by clicking on the "Contact TorontoArtsandEvents” link or the “Report ” link one the location of said content.

7. 3.2 Without limitation, TorontoArtsandEvents may reject, refuse to post or delete any content for any or no reason, including, but not limited to, content that in the sole judgment of TorontoArtsandEvents violates the Terms of Use or which may be offensive, illegal or violate the rights of any pers. TorontoArtsandEvents assumes no responsibility for monitoring the Site or Linked Services for inappropriate Content or conduct. Without limitation, if at any time TorontoArtsandEvents chooses, in its sole discretion, to monitor the Site, TorontoArtsandEvents nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7. 3.3 You are solely responsible for the content that you post on the Site or through Linked Services, and any material or information that you transmit to other Members and for your interactions with other Users.

 

7.3.4 You shall not knowingly or unknowingly post any unlawful or inappropriate content (“Unlawful or Inappropriate Content”) which includes, without limitation:

 

(i) any material which violates or infringes any copyright, trade mark, trade secret, patent, statutory, common law or other proprietary rights of others;

 

(ii) any material that is libelous or slanderous;

 

(iii) fraudulent, defamatory or deceptive statements;

 

(iv) content that unlawfully promotes or incites hatred or consists of threatening, intimidating, abusive or harassing statements;

 

(v) any material which is or contains anything obscene, offensive or pornographic; or sites that may imply sexual content, or link to adult content elsewhere

(vi) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.

(vii) that is not consistent or violates any applicable International, local, provincial and federal laws and regulations

(viii) any material which violates or infringes any term or condition in any of our suppliers Contracts

(ix) any material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(x) any link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;

(xi) any material that would create a warez sites such as but not limited to: torrent files, links to illegal downloads, illegal music files,

(xii) any material that allows for the luring of or exploits children under the age of 18 including but not limited to modeling of persons under the age of 18;

 

(xii) content that is otherwise objectionable or offensive;

 

 

7.4 Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. We do not screen in advance your Content that you Post. The Site’s publication of material submitted by you does not create any express or implied approval by us of such material, nor does it indicate that such material complies with this Terms of Service.

 

7. 5 In addition to any other remedies herein, we have the right to remove or disable any material in which there are allegations that it violated the Terms of Use.

 

7.6 You shall not use the Service primarily for the purposes of storage. We reserve the right to limit the storage capacity of Content that you post on the Site.

 

8. Service Interruption We may suspend the Site at any time for any duration of time, without penalty or liability to us, where necessary. You agree that it may be necessary for us to temporarily suspend our Site for technical reasons or for maintain. We shall not bear any liability whatsoever for: (i) any such suspensions of the Site; (ii) the termination of the Site pursuant to these Terms and Conditions; (iii) suspension or termination of The Site due to your non-payment of amounts or deposits due; (iv) suspension or termination of The Site due to your unlawful or improper use of facilities or The Site by You; (v) your inability to access any The Site; or (vi) suspension or termination of the Site for any other reason at our sole discretion. Neither we nor our suppliers warrant or say that the Site will be uninterrupted or error free.

 

 

 

9. Protecting Copyrights and Other Intellectual Property

 

We respect the intellectual property of others, and we require that our Users do the same. As such, you may not in using the Site or any Linked Service infringe any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Our policy is to advise Members of alleged proprietary infringement and also to terminate or disable the Membership of repeat infringers. If you believe your copyright or other propriety right has been infringed on or through the Site or Service, please send our Copyright Agent a notification of claimed infringement with sufficient identification information such as: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, TorontoArtsandEvents, 36 Toronto Street, Suite 850 Toronto ON M5C 2C5; Attn: Copyright Agent and electronically at [info@torontoartsandeventscom.]

 

10.1 Third Party Web Sites, Content, Products and Services: This Site may provide links to web sites and access to content, products and services from third parties, including advertisers, users , affiliates and sponsors of the Site and you agree that we are not responsible for the availability of, and content provided on third party web sites. You agree to read the policies posted by other Web sites regarding privacy, terms of use and other topics before you use them and further you agree that TorontoArtsandEvents is not responsible for third party content accessible through these websites, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and you agree that we are not responsible for the quality of third party products or services and fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. Before purchasing any products or services from a third party, you agree to perform a thorough and independent investigation of said third party. You agree that TorontoArtsandEvents is not responsible for any loss or damage of any sort you may incur from dealing with any third party and without limitation, you agreement to indemnify and save us harmless as provided for in these Terms of Service.

 

10.2 Third Party Linked Services:

 

There may be linked services (“Linked Services”) available via the Site which may include applications, websites, mobile and other services available from third parties that can interact with your TorontoArtsandEvents profile. These Linked Services may access and use your TorontoArtsandEvents profile information and share activity events between the Site and Linked Services. When you engage with a third party Linked Service, you are interacting with the third party, not with TorontoArtsandEvents. We do not control the third party, and cannot dictate their actions and hence if you choose to use such a Service, you are interacting with the said third party not us and the Linked Service may use and share your data in accordance with its privacy policy and your privacy settings on said third party service. We are not responsible for and make no warranties, express or implied, as to the third party Linked Services including, but not limited to, the privacy practices and the terms of service thereof. We encourage you only interact with to any third party Linked Service that you understand and agree with their privacy policies and terms of service.

 

 

11. Member Disputes

 

You agree to be solely responsible for any interactions that you may have with other Users, third party developers or any other parties with whom you interact through the Site or Linked Services. TorontoArtsandEvents reserves the right, but has no obligation, to become involved in any way with these disputes.

 

 

12. U.S. & Other Export Controls

You agree that any software available with the Site and Linked Services (the "Software") may be subject to United States and other export controls and that no such Software may be downloaded from the Site nor exported or re-exported in violation of export laws and that using or downloading the Software is at your sole risk.

 

13. General:

 

13.1 This Agreement is accepted upon your use of the Site or any of the TorontoArtsandEvents other services (“Other Services”) and is further affirmed by you becoming a Member. Your agreement with TorontoArtsandEvents may include these Terms of Service. Your access and use of Other Services may require you to accept additional terms and conditions applicable to such certain Other Services

 

13.2 Waiver: The failure of TorontoArtsandEvents to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

 

 

13.3 This Agreement operates to the fullest extent permissible by law. If any provision of this Agree

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