PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WWW.POOLSPAMARKETING.COM WEBSITE. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT AND RELATED PRIVLEGES. THEY ALSO CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Acceptance of Terms and Conditions of Use
Welcome to POOLSPAS.CA. Poolspas.ca (the “Site”) is an interactive online service operated by Kenilworth Media Inc. (“Kenilworth Media”, “us”, “we”, or “our”).
These Terms and Conditions of Use apply to all visitors to and users of the Site (“Users”, “you”, or “your”), whether or not you have registered or subscribed for any of the products or services (the “Service”) offered on the Site, including any mobile version thereof, or have contributed User Content, as defined below. By browsing or using the Site, you signify that you have read, understand and agree to be bound by these Terms and Conditions of Use (“Terms and Conditions of Use” or “Conditions”). You also agree to be bound by these Terms and Conditions of Use, if you post poolspas.ca links on your site, whether or not you are a registered member of poolspas.ca.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Conditions at any time. If we do this, we will post the changes to these Terms and Conditions of Use on this page and will indicate at the top of this page the date these Conditions were last revised. Your continued use of the Site or Service after any such changes are posted constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by these or any future Terms and Conditions of Use, do not use or access (or continue to use or access) the Site or Service. We will make reasonable efforts to notify users who have forwarded their e-mail addresses to us of material changes to these Conditions by e-mail, but it is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions of Use and to review such changes.
Site Content and Intellectual Property – Limited License of Use
The Site and the items, information and materials it contains, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”) are offered to you on an “as is” basis by Kenilworth Media. Kenilworth Media, our sponsors, media partners and other third parties, make no warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability, timeliness, performance, completeness or suitability of the Site Content or as to the results ensuing from the use of the Site Content. Without limiting the generality of the foregoing, we make no representations about the comprehensive nature of the results of your searches conducted on the Site. It shall be your responsibility to ensure that any Site Content you access on and/or through this Site meet your specific requirements. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND SITE CONTENT ARE AT YOUR OWN RISK.
Kenilworth Media makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on the Site by any user, content provider or other person.
Neither we nor our agents or representatives are responsible or liable in any manner for any User Content or Third Party Content (as defined below) posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by poolspas.ca, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users submit, post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any user of the Site or Service. All messages and comments posted in Scrapbooks, forums, articles, or elsewhere express the views of the author, and neither poolspas.ca, nor Kenilworth Media, will be held responsible for the content of any comment or message.
Kenilworth Media reserves the right to modify, cancel or terminate any item on the Site, at any time, including the availability of any function, database or content. We may also impose limits on certain items or restrict the access to certain sections of the Site without prior notice and without incurring its liability.
All of the Site Content is protected by copyright and belongs to Kenilworth Media or third parties acting as content providers. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use. Such license is subject to these Terms and Conditions of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Unless explicitly stated herein, no Site Content and nothing in these Terms and Conditions of Use must be interpreted as giving you any license or any rights whatsoever with regard to the intellectual property of Kenilworth Media or of a third party acting as a content provider. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.
The trademarks and logos used or posted on the Site are trademarks and logos registered or not by Kenilworth Media or third parties. Nothing on the Site may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on the Site for commercial or advertising purposes or to increase the number of visitors to your site.
User Content and User Conduct
You are solely responsible for any photos, profiles (including your name), comments, reviews, suggestions, feedback, notes, “favourite” lists, text, information, concepts, material, content and other items that you upload, publish or display (hereinafter, “submit”) on or through the Site or Service, or transmit to or share with other users (collectively the “User Content”). You may not submit, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to submit, or that contains libellous, defamatory or otherwise unlawful material.
In using the Site or Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”) and (b) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete.
When you register, you must provide your e-mail address, select a password and select a user name. You cannot (a) choose or use someone’s e-mail address or password with the intention of pretending to be that person; (b) use a an e-mail address or password in which someone else has rights, without that person’s authorization; or (c) use an e-mail address, password or a user name that we, at our sole discretion, consider offensive.
You are responsible for maintaining the confidentiality of your password and user name. You should notify Kenilworth Media as soon as possible by e-mail (firstname.lastname@example.org) of any known or suspected use of your account by someone other than you, or of any known or suspected breach of security.
You are responsible for any use of your accounts on the Site. Kenilworth Media cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
In addition, and without limitation, you agree not to use the Site or Service to:
- harvest or collect e-mail addresses or other contact information of other users from the Site or Service by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- use the Site or Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site or Service;
- submit, upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- submit, upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- submit, upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, e-mail addresses, Social Insurance Numbers and credit card numbers;
- solicit personal information, passwords or personally identifying information for commercial or unlawful purposes;
- submit, upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- submit, upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any municipal, provincial, federal or international law;
- submit, upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.
When you submit User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the submission, posting and storage of the User Content on the Site. By submitting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide, royalty-free right and license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, modify, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in any medium now existing or hereafter developed (included but not limited to print, film or electronic storage devices), to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing all without compensation of any kind to you or any third party. By submitting User Content, you also grant us the right, but not the obligation, to use your personal information including, without limitation, your name in connection with broadcast, print, online, promotional or other use or publication of your User Content. You waive any and all claims you may now or later have in any jurisdiction to “moral rights” or equivalent rights of authorship with respect to the User Content.
Third Party Content and Links
The Site contains hyperlinks and content, including but not limited to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other items belonging to or originating from third parties (Third Party Content) or linking to third party websites (Third Party Sites). We do not investigate, monitor or check for accuracy, appropriateness, or completeness any Third Party Content, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. The fact that Third Party Sites and Third Party Content are identified or accessible on the Site should not in any way be interpreted as an approval or endorsement by Kenilworth Media and does not incur its liability in any way. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Limitation of Liability
In no event will Kenilworth Media and/or any third party providing Site Content on the Site, their related companies, directors, employees, representative or agents be liable to you or any third party or person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any lost income or lost data or damage to any computer system, arising from your use of the Site or the Service, or any of the Site Content or other materials on, or accessed through or downloaded from the Site, or errors or omissions contained therein, even if we are aware or have been advised of the possibility of such damages.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site or the Service. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, or any User Content or Third Party Content submitted or posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
We reserve the right, at our sole discretion, to limit or terminate access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site or the Service (or any portion, aspect or feature of the Site or Service) for any reason, or no reason, at any time at our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Site and/or terminate the registration, subscription or membership of any User who violates these Terms and Conditions of Use or infringes any intellectual property rights of others.
Governing Law; Venue and Jurisdiction
These Terms and Conditions of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. The User hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.
You agree to indemnify and hold Kenilworth Media, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content you submit, post or share on or through the Site, your use of the Site or Service, your conduct in connection with the Site or Service or with other users of the Site or Service, or any violation of these Terms and Conditions of Use or of any law or the rights of any third party.
Entire Agreement and Severability
These Terms and Conditions of Use constitute the entire agreement between you and us regarding the use of the Site and/or the Service, superseding any prior agreements between you and us relating to your use of the Site or the Service. Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Conditions are held invalid, the remainder of these Conditions shall continue in full force and effect. If any provision of these Terms and Conditions of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Conditions and shall not affect the validity and enforceability of any remaining provisions.