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Terms of Use

Canadadarts.com owns and operates this Web, located at http://www.Canadadarts.com/ (the website). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the website. By accessing and using the website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the website.

If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices of the Canadadarts.com operating website, your sole and exclusive remedy is to discontinue using it.

Canadadarts.com may revise this Agreement at any time by updating this posting. Use of the website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

Ownership

All materials displayed or otherwise accessible through the website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, and computer code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by Canadadarts.com, its licensors or the party accredited as the provider of the Content. In addition, the website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the website.

Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the internet, transmission, redistribution or other exploitation of the website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of Canadadarts.com.

Trademarks

Canadadarts.com is an official mark or trademark of Canadadarts.com. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the website may constitute registered or unregistered trademarks of Canadadarts.com or third parties. While certain trademarks of third parties may be used by Canadadarts.com under license, the display of third-party trademarks on the website should not be taken to imply any relationship or license between Canadadarts.com and the owner of said trademark or to imply that Canadadarts.com endorses the wares, services or business of the owner of said trademark. Nothing contained on the website should be construed as granting you any
license or right to use any trademark logo or design of Canadadarts.com or any third party, without the written permission of Canadadarts.com or the respective owner of any third-party trademark.

Disclaimer of Warranties

The website and all content is provided as is. By accessing and using the website you acknowledge and agree that use of the website and the content is entirel at your own risk. Canadadarts.com makes no representations or warranties regarding the website and the content, including, without limitation, no representation or warranty:

  1. that the website and/or content will be accurate, complete, reliable, suitable or timely;
  2. that any content, including, without limitation, any information, data, product or service contained in or
    made available through the website will be of merchantable quality or fit for a particular purpose;
  3. that the operation of the website will be uninterrupted or error free;
  4. that defects or errors in the website will be corrected;
  5. that the website will be free from viruses or harmful components; and
  6. that communications to or from the website will be secure or not intercepted

Limitation of Liability

Subject to applicable law, in no event shall Canadadarts.com, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if Canadadarts.com knew or ought to have known of the possibility of such damages.

In no event shall Canadadarts.com, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of Canadadarts.com or your failure to protect your password or acocunt information.

Canadadarts.com expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the website or any advertiser or sponsore of the website (collectively, third-party user). Under no circumstances shall Canadadarts.com and its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, content, goods or services located at or made available at any website linked to or from the website.

If you decide to access or use any linked website or content, materials, goods or services from a website linked to the website, you do so entirely at your own risk.

You hereby release Canadadarts.com and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the website or by third parties through the website.

No Advice

The information contained on the website is for informational and educational purposes only. It is not intended to provide factual or absolute advice to you and you should not rely upon the information to provide any such advice.

Linking

The website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Canadadarts.com of the contents of such third-party websites. Canadadarts.com is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation:

  1. any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness,
    suitability of any content on any third-party website;
  2. any representation or warranty regarding the merchantability or fitness for a particular purpose of
    any material, content, software, goods or services located at or made available through such third-party
    websites; or
  3. any representation or warranty that the operation of the third-party websites will be uninterrupted
    or error free, that defects or errors in such third-party websites will be corrected or that such third-party
    websites will be free from viruses or other harmful components.

While Canadadarts.com encourages links to the website, it does not wish to be linked to or from any third-party website which:

  1. contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene,
    vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any
    content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil
    liability or otherwise violate any local, state, provincial, national or international law, regulation
    which may be damaging or detrimental to the activities, operations, credibility or integrity of Canadadarts.com
    or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry,
    hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or
    advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual
    or violent manner, provides instructional information about illegal activities, including, without limitation,
    the making or buying of illegal weapons; or
  2. contains, posts or transmits any information, software or other material which violates or infringes
    upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is
    protected by copyright, trademark or other proprietary rights. Canadadarts.com reserves the right to prohibit
    or refuse to accept any link to the website, including, without limitation, any link which contains or makes
    available any content or information of the foregoing nature, at any time. You agree to remove any link you
    may have to the website upon the request of Canadadarts.com.

Submissions

The website may provide features that allow you to post messages and content, to interact with Canadadarts.com and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the website which allow you to post, upload or make Submissions, it is a condition of your use of the website that you observe the rules of netiquette and that you do not:

  1. restrict or inhibit any other user from using and enjoying the website, interfere or attempt to interfere
    with the proper workings of the site or do anything which in the sole discretion of Canadadarts.com imposes an
    unreasonable or disproportionately large load on the Canadadarts.com website infrastructure;
  2. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic,
    profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
  3. post or transmit any Submission, including, without limitation, articles, images, stories, software or
    other material, which violates or infringes upon the rights of others, including material which is an invasion of
    privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
  4. post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against
    any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;
  5. post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  6. post or transmit any Submission which contains a virus or other harmful component, or provides or creates
    computer viruses;
  7. post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or
  8. use the website for commercial purposes, including, without limitation, posting, uploading or
    transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

By posting or uploading Submissions to the website, you grant Canadadarts.com a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to:

  1. use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly
    perform or display such Submissions for any purpose; and
  2. to sublicense to third parties the unrestricted right to exercise any of the foregoing rights.

In addition to the grant of the above license, you hereby:

  1. agree to waive all moral rights in any Submission in favour of Canadadarts.com;
  2. consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission;
  3. acknowledge and agree that Canadadarts.com is not responsible for any loss, damage, or corruption that
    may occur to your Submissions; and
  4. acknowledge and agree that any Submissions you provide for display on the website will be considered
    non-confidential.

Canadadarts.com may review Submissions before they are posted. Canadadarts.com may refuse to post any Submission to the website. Canadadarts.com reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that Canadadarts.com may, in its sole discretion, monitor the website periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the website properly or to protect itself or other users of the website. Any such disclosure shall be in accordance with Canadadarts.com’s Privacy Policy.

Canadadarts.com is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Canadadarts.com. You should be aware that when you share personal information in public areas of our web sites, such as chat rooms, discussion groups or bulletin boards, this information might be seen and used by others. We urge you to use good judgment when sharing yours or others personal information in these forums. We reserve the right to use all e-mail addresses submitted in contest entries or by any other means in our various e-mails, including but not limited to: event reminder messages, newsletters, special offers and promotions.

While Canadadarts.com is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the website and terminating the submitting party’s right to access and use the website (or any portion thereof).

Notice and Procedure for Making Claims of Copyright Infringement

It is the policy of Canadadarts.com to respond to claims of intellectual property infringement. Canadadarts.com will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to http://www.Canadadarts.com/contact_toronto_darts.html. To be effective, the notification of infringement must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnity

You agree to indemnify, defend and hold harmless Canadadarts.com and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from:

  1. your breach of any of the terms and conditions of this Agreement;
  2. your access, use or inability to access or use the website or any website to which the website is or may be linked to from time to time;
  3. your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the website; and/or
  4. your violation of any law or regulation.

Registration

To use certain features of the website, you may be asked to register with the website. You agree

  1. to provide true, accurate, current and complete information about yourself as prompted by any registration form; and
  2. to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Canadadarts.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Canadadarts.com has the right to suspend or terminate your access to and use of the website (or any portion thereof). Canadadarts.com’s use of any personally identifying information you provide as part of the registration process is governed by the terms of Canadadarts.com’s Privacy Policy.

Passwords

To use certain features of the website, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Canadadarts.com immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Canadadarts.com cannot and will not be liable for any loss or damage arising from Canadadarts.com’s failure or your failure to protect your password or account information.

Security

Please note that information sent or received over the Internet is generally unsecure and Canadadarts.com cannot and does not make any representation or warranty concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information.

Termination

Canadadarts.com may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the website, (or any portion thereof). Canadadarts.com may also terminate your right to access and use the website, or any part of the website, if you breach any term or condition of this Agreement.

Governing Law and Jurisdiction

The website (excluding linked websites) is controlled by Canadadarts.com from its offices within the Province of Ontario, Canada. By accessing or using the website, you agree that all matters relating to your access to, or use of, the website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

General

Any consent by Canadadarts.com to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Canadadarts.com that expressly reference this Agreement, this is the entire agreement between you and Canadadarts.com relating to the matters contained herein.



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