Terms of Use
WELCOME
Welcome to our website, ShedoestheCity.com (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all these Terms of Use. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.
OWNERSHIP / RESTRICTIONS ON USE
Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to us and/or our third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
Except as outlined below, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without our express prior written consent. You may download, print and reproduce the Content for your own personal informational purposes, provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with our prior written permission. To obtain written consent for such reproduction, please contact us at jenmcneely@shedoesthecity.com.
REGISTRATION AND PASSWORDS
To access certain portions of the Website, including without limitation, to upload or submit content, you may be asked to complete an online registration form.
In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you will be given a password or username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security relating to the Website.
CODE OF CONDUCT
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, you agree not to:
a) upload, post, e-mail or otherwise transmit any material that: i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; ii) infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party; iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or iv) contains any form of destructive software such as a virus, worm, Trojan horse or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses;
c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
f)interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
g) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
The User Conduct section shall be collectively referred to as the “Code of Conduct”.
We may from time-to-time make discussion forums, message/bulletin boards, and other online areas where users may submit content to the Website (collectively, the “Forums”) available to you, provided that, in connecting to and using such Forums, you abide by the Code of Conduct, the other conditions of these Terms of Use, and any other rules that may be published from time-to-time.
We are not responsible for material posted on such Forums, and will not have any liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We may, but are not obligated to, monitor or review activity and the content of any communications on these Forums. We reserve the right to terminate the privilege of any user to post on a Forum or to participate in other Website services, if such users violate these Terms of Use and/or the Code of Conduct.
Subject to the terms and conditions of our Website Privacy Statement [INSERT URL TO PRIVACY STATEMENT] and to the other conditions contained in these Terms of Use, by submitting any material (“Material”) to the Website, including all written materials, photographs, drawings, and video, you grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to use, reproduce, modify, publish, create derivative works from, translate, license, publicly perform and display the Material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, without your prior approval, and you further waive any “moral rights” that you may have in the Material. In addition, by submitting the Material to the Website, you represent and warrant that you own and control all rights in and to the Material and that you have the right to grant the foregoing rights to us.
We are not responsible for the content of any submission to the Website. Submissions represent the views and opinions of the person(s) submitting same.
You acknowledge that we may establish general practices and limits concerning use of the Website, including, without limitation, the maximum number of days that e-mail messages, message board postings, or other uploaded content will be retained on the Website. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained on or transmitted by the Website.
You agree to indemnify us and hold us and our employees, agents, and licensors harmless from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any content you (or anyone acting under any password or username that may be issued to you) submit, post, transmit or make available on the Website and/or (b) your (or anyone acting under any password or username that may be issued to you) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.
The Website may offer you links to other sites on the Internet that are owned and operated by third parties, and therefore not affiliated with us. Please understand that such linked websites are independent from the Website and that we have no control over the content of such websites. Consequently, we cannot be held liable and make no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links that we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
We welcome any feedback that you may have concerning the external links that we have placed on our Website.
Although we strive to update and keep the content on the Website as accurate as possible, errors and/or omissions may occur.
ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We respect your right to the privacy of your personal information. Please review our Website Privacy Statement (See Below) for details on the manner in which we collect, use, disclose, and otherwise manage your personal information.
We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, we reserve the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from us to you for so being bound. Your only right with respect to any dissatisfaction with: (1) these Terms of Use; (2) any policy or practice of ours in operating the Website; or (3) any content available through the Website, is to stop visiting and using the Website.
All trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
These Terms of Use are governed by and construed in accordance with the laws in effect in the Province of Ontario, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between us and you with respect to the use of the Website, including the Content.
Notices to you may be made via e-mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.
If you have any questions or comments regarding these Terms of Use please contact us at info@shedoesthecity.com
Last updated August 20, 2007.
PRIVACY STATEMENT
We want you to be fully aware of what happens to the personal information we collect through your use of our website located at www.ShedoestheCity.com (the “Website”). Accordingly, this Website Privacy Statement sets out the manner in which we will collect, use, disclose, and otherwise manage your personal information.
COLLECTION OF PERSONAL INFORMATION
At this time, the only personal information that we collect through our Website is personal information that you voluntarily provide to us when you register on the Website, or if you choose to upload/submit content to the Website. In order to register on the Website, we need to collect your name, e-mail address, and a password that you choose (“Account Information”). During registration, there is also some optional information such as your age, sex, city, province, and country of residence that you may submit, and you may be provided with an opportunity to answer some general questions that will help us get to know you a bit better (“Optional Information”).
We may also automatically collect general anonymous information related to your use of our Website, such as the date and time you visit the Website and the pages that you visit on the Website. Our servers may also collect information about the type of browser you use, as well your computer’s IP address and the name of your Internet Service Provider. In addition, we collect “cookie” information from your browser to identify your account on our Website, and to provide us with a record of your visits to our website (collectively, the foregoing is referred to as “Usage Data”). The technology used to gather “cookie” information is provided by the Internet browser you use, and stored on your computer. You may set your browser to disable or refuse to accept cookies, although doing so may affect your viewing of the Website. We may store and personal information in the United States, where our web servers are located.
USE OF PERSONAL INFORMATION
Any personal information that you provide us when you upload or submit content to the Website is only used for the purposes of: (i) internal record keeping; (ii) identifying the author of submissions to the Website; or (iii) providing you with the services offered through our Website.
We use your Account Information for the purposes of administering your Website account, to provide you with a customized experience, as well as to link your account with content that you upload or submit to the Website. Additionally, your Optional Information is used for the purposes of better understanding the demographics of users of our site.
The Usage Data that we collect is used for the purposes of monitoring and improving the use and features of the Website.
PUBLIC FORUMS
The Website may make available forums, message boards and/or other community functions available to users. Please remember that any information that you disclose in these areas becomes public information, and you should exercise caution when deciding to disclose your personal, financial or other information. You use community functions at your own risk.
SURVEYS AND CONTESTS
From time-to-time, we may request certain personal information from you in connection with the administration of surveys or contests. Participation in these surveys or contests is completely voluntary, and all information collected, used, and disclosed in the course of administering the survey or contest will be subject to and protected in accordance with this Privacy Policy.
DISCLOSURE OF PERSONAL INFORMATION
Except as expressly set out in this Website Privacy Statement, we will not transfer, sell or otherwise disclose any of your personal information to any third party without your prior written consent. We may disclose aggregated Account Information and Optional Information with our business affiliates and/or advertisers, but this information will not be linked to any identifiable individual.
Sale of Business
We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets.
Legal
We are required to provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. We may also disclose specific user information when we believe that such disclosure is necessary to protect our interests or safety, our users, and others.
THIRD PARTY LINKS
The Website may include links to third party websites. These linked sites have separate and independent privacy policies that we recommend you read carefully. We have no control over such sites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked sites may collect, use or disclose and otherwise treat your personal information.
SECURITY OF PERSONAL INFORMATION
To help protect your privacy, we maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. We will only keep your personal information for as long as it remains necessary or relevant for the purposes stated above or as otherwise required by law.
Notwithstanding the foregoing, you should be aware that, unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, we do not represent, warrant, or guarantee that your personal information will be protected against loss, misuse or alteration during transmission, and do not accept any liability for personal information transmitted by you, nor for third parties’ use or misuse of personal information intercepted during transmission across the Internet.
CHANGES TO WEBSITE PRIVACY STATEMENT
If we decide to change our Website Privacy Statement, we will post those changes on our home page so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personal information in a manner different from that stated at the time it was collected, users will have a choice as to whether or not we use their information in this different manner.
CONTACT
If you would like to review, correct, or update your personal information, withdraw your consent for the collection, use and/or disclosure of your personal information, access/correct any of your personal information we have in our possession, or if you have any inquiries or comments about this Website Privacy Statement, please contact us at info@shedoesthecity.com
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