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Access Agreement
Please
read this agreement carefully before accessing Buy And Sell.ca. As a
condition to and in consideration of receiving and accessing the
website site, the User agrees to be bound by the terms of this
Agreement. Use of, or access to the website shall constitute acceptance of and
agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE
BOUND BY THIS AGREEMENT, DO NOT ACCESS THE FOR RENT .CANADA WEBSITE.
If you have any questions about this Agreement, please contact using
the contact form on the website.
Classifieds
Access Agreement
THIS
AGREEMENT "Agreement" is entered into by and between Buy And Sell.ca and any individual, corporation, association, agency,
company, or other entity who accesses or uses the Buy And Sell.ca
(the "User" or "you").
The
Buy And Sell.ca website, is
provided without charge allowing you to post ads and/or to view
ads posted by other users or interact with those users. The Buy And Sell.ca website is owned and operated by Promotions In Motion. The Buy And Sell.ca website contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations, audio,
video, software, photos, music, sounds and other material and data
(collectively, "Content") formatted, organized and
collected in a variety of forms that are generally accessible to
Users, including directories and databases, and areas of the website
that can be modified by Users, such as posting ads, uploading
multimedia files, registering user profiles, and creating Auto-Notify
profiles ("Interactive Areas").
1.
User Rights and Responsibilities
1.1
Access to the
Website
You
are responsible for providing all hardware, software, telephone,
cable or other communications equipment and/or service to connect to
the Internet and access the website and are responsible for all
Internet access charges, telephone charges or other fees or charges
incurred in connecting to the Internet and accessing the website.
1.2
User Conduct.
You
agree to access and use the Network only for lawful purposes. You are
solely responsible for the knowledge of and adherence to any and all
laws, statutes, rules and regulations, pertaining to (i) your use of
the website, including any Interactive Area, (ii) the use of any
networks or other services connected to the website, and (iii)
the communications means by which you connect your modem, computer,
or other equipment to the website. By accessing the Buy And Sell.ca website, you agree that you will not:
(1) Restrict or inhibit
any other user from using and enjoying the Interactive Features;
(2) Post or transmit any
unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane, or indecent information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offence, give
rise to civil liability or otherwise violate any local, state,
national, or international law;
(3) Post or transmit any
information, software, or other material which violates or infringes
in 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 right, or derivative works with
respect thereto, without first obtaining permission from the owner or
right holder.
(4) Post or transmit any
information, software or other material which contains a virus or
other harmful component;
(5) Alter, damage or
delete any Content or other communications that are not your own
Content or to otherwise interfere with the ability of others to
access the Network;
(6) Disrupt the normal
flow of communication in an Interactive Area;
(7) Claim a relationship
with or to speak for any business, association, institution or other
organization for which you are not authorized to claim such a
relationship;
(8) Violate any operating
rule, policy or guideline of your Internet access provider or online
service.
2.
Intellectual Property Rights
2.1
Website Content.
(a)
You acknowledge that Content on the website is generally
provided by the individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that the
website permits access to Content that may be protected by
copyrights, trademarks, and other proprietary (including intellectual
property) rights ("Intellectual Property Rights"), and that
these Intellectual Property Rights are valid and protected in all
media existing now or later developed and except as is explicitly
provided below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You acknowledge that
the Buy And Sell.ca own a copyright in the "look and feel,"
i.e., domain name, the selection, coordination, arrangement and
presentation of such Content.
(b)
You may not modify, copy, reproduce, transmit, distribute, publish,
create derivative works from, display or otherwise transfer or
commercially exploit any of the Content, in whole or in part,
provided, however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer hardware and
software to access and view the Content, (ii) print one copy of each
piece of Content, (iii) make and distribute a reasonable number of
copies of Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of Content must
reproduce in an unmodified form any notices contained in the Content,
such as all Intellectual Property Right notices, and an original
source attribution to "Buy And Sell.ca" and its URL
address. You acknowledge that the Buy And Sell.ca, its Contributors,
and/or Users remain the owners of the Content and that you do not
acquire any Intellectual Property Rights by downloading or printing
Content.
2.2
Content Provided by User.
You
may upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through the Buy And Sell.ca website only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution over
the Internet and on the website, without restriction whatsoever.
Any Content submitted with the consent of a copyright owner other
than you should contain a phrase such as "Copyright owned by
[name of owner]; Used by Permission." By submitting Content to
any Interactive Area, you automatically grant and/or warrant that the
owner of such Content, whether it be You or a third party, has
expressly granted to the Buy And Sell.ca website the royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, sublicense, distribute, perform, and
display such Content, in whole or in part, worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed for the full term of any Intellectual
Property Rights that may exist in such Content. You also permit
the Buy And Sell.ca's National Classified Ad Network
website to sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to such
Content. You also permit any User to access, view, store and
reproduce the Content for personal use.
3.
Interactive Areas
You
acknowledge that the Buy And Sell.ca website may include various
interactive areas ("Interactive Areas"), including but not
limited to ads. These Interactive Areas allow feedback to Buy And Sell.ca and real-time interaction between users. You further
understand that the website does not control the messages,
information, or files delivered to such Interactive Areas and that
the website may offer you and other Users the capability of
creating and managing an Interactive Area. However, neither
the website, its subsidiary and parent companies, or affiliates,
nor their respective directors, officers, employees and agents are
responsible for Content within any Interactive Area. Your use and/or
management of an Interactive Area will be governed by this Agreement
and any additional rules or operating procedures of any Interactive
Area established by you or another User, as applicable. You recognize
that the Buy And Sell.ca cannot, and does not intend to, screen
communications in advance. Moreover, because the website encourages
open and candid communication in the Interactive Areas, the Buy And Sell.ca website cannot determine in advance the accuracy or
conformance to this Agreement of any Content transmitted in an
Interactive Area. The Buy And Sell.ca is not responsible for
screening, policing, editing, reviewing or monitoring any Content in
an Interactive Area. Notwithstanding the above, you agree that
the website has the right to monitor any Interactive Area, from
time to time and to disclose any information as necessary to satisfy
any law, regulation or other governmental request, to operate the
Interactive Area, or to protect itself or other Users. If notified of
Content that is alleged not to conform to this Agreement, the Buy And Sell.ca's National Classified Ad Network website may
investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content. The
Buy And Sell.ca website reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part, which
it deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard, written Buy And Sell.ca policy in effect at that time, (ii) be harmful to the
rights of any User, the Buy And Sell.ca website, or other
third parties, (iii) violate applicable law, or (iv) be otherwise
objectionable.
4.
Termination
The
only right with respect to dissatisfaction with any policies,
guidelines, or practices of Buy And Sell.ca in operating the website
and related services, or any change in Content, is for you to
discontinue accessing the website. We may terminate or temporarily
suspend your access to all or any part of the website without
notice, for conduct that we believe is a violation of this Agreement
or any policies or guidelines posted by the website, or for other
conduct which we believes, in our sole discretion, is harmful to the
website or Users. We may discontinue operating the website and
terminate this Agreement without notice at any time for any reason in
our sole discretion. In the event of termination, you are no longer
authorized to access the website, including the Interactive Areas,
and the restrictions imposed on you with respect to Content
downloaded from the website, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall
survive.
5.
Links; Disclaimers Of Warranties; Limitations of Liability
5.1
Links. You understand that except for Content, products or services
expressly available at the website, neither Buy And Sell.ca,
its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods or services
available through sites on the Internet linked to or from
the website. All such Content, goods and services are made
accessible on the Internet by independent third parties and are not
part of the website or controlled by Buy And Sell.ca. Buy And Sell.ca neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from the
website, which are the sole responsibility of such independent third
parties, and your use thereof is solely at your own risk. Neither
the Buy And Sell.ca website, its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to have been
caused by your use of or reliance on any Content, goods or services
available on any site linked to or from the website or your
inability to access the Internet or any site linked to or from
the website.
5.2
Disclaimer of Warranties. Please use your best judgment in evaluating
all information contained or opinions expressed on the website.
It is the policy of Buy And Sell.ca not to endorse or oppose any
opinion expressed by a User or Content provided by a User,
Contributor, or other independent party. YOU EXPRESSLY AGREE THAT
YOUR USE OF THE BUYANDSELL CANADA WEBSITE IS AT YOUR SOLE RISK. NEITHER
BUYANDSELL .CANADA NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT
THE BUYANDSELL .CANADA OR ANY INTERNET SITE LINKED TO OR FROM THE
WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY INTERNET
SITE LINKED TO OR FROM THE WEBSITE OR AS TO THE TIMELINESS, SEQUENCE,
ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT,
RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION,
SERVICE, OR TRANSACTION PROVIDED THROUGH THE WEBSITE OR ANY SITE
LINKED TO OR FROM THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE BUYANDSELL
.CANADA WEBSITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT,
THEWEBSITE, OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY
LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN
OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO,
OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER
NO CIRCUMSTANCES SHALL FOR RENT .CANADA, ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY
OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN
RELIANCE ON THE CONTENT CONTAINED WITHIN THE WEBSITE OR THE CONTENT
CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE. THE
CONTENT WITHIN THE WEBSITE AND THE CONTENT WITHIN INTERNET SITES
LINKED TO OR FROM THE WEBSITE MAY INCLUDE TECHNICAL OR OTHER
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW
VERSIONS OF THE WEBSITE AND SPECIFICALLY ARE INCLUDED IN THIS SECTION
AGREEMENT. FOR RENT .CANADA AND ITS CONTRIBUTORS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME
TO TIME.
YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FOR RENT .CANADA IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY
PART OF THE SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF The
WEBSITE, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE FOR RENT .CANADA WEBSITE.
6.
Indemnity
You
agree to indemnify and hold Buy And Sell.ca, its parent or
subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all
liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy, your
use or access of the website or any Internet site linked to or
from the website, or in connection with the transmission of any
Content on the website.
7.
Miscellaneous
This
Agreement comprises the entire agreement between the Buy And Sell.ca website and you, and supersedes any prior agreements with
respect to the subject matter herein. We may revise this Agreement or
any other policy at any time and from time to time, and such revision
shall be effective two (2) days upon posting notice of such revision
prominently on the website. You agree to review this Agreement
periodically to be aware of such revisions. If any such revision is
unacceptable to you, you must discontinue accessing the website.
Your continued accessing and use of the website or parts there
of shall conclusively be deemed acceptance of all such revisions. The
provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall
survive the termination or expiration of this Agreement. If any
provision of this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original
intention of the parties and the remaining portions will continue in
full force and effect. The failure of Buy And Sell.ca to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
This
Agreement shall be governed by the laws of the Province of Ontario
Canada the domicile of t Buy And Sell.ca, excluding its
conflict of laws rules, and you and Buy And Sell.ca each submit to
the exclusive jurisdiction of the courts of the Province of Ontario,
Canada. This Agreement is personal to you and you may not assign your
rights or obligations there under to anyone. All logos, brand names,
products, trademarks and service marks appearing herein may be the
trademarks or service marks of their respective owners. References to
any trademark, service mark and links to or from the website
have been done strictly for clarification and identification and does
not constitute endorsement by the website of the products,
services or information offered by the owner of such trademark,
service mark or link or endorsement of the website by such
trademark, service mark or link owner.
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