TERMS OF USE
ACCEPTANCE OF TERMS
Your use of this Web site (“Site”) and any services (“Services”) available through this Site are provided conditional upon your acceptance of the terms and conditions of use set out below (the “Agreement”).
By using this Site, including without limitation by browsing, viewing, posting, accessing or downloading information, whether or not you register to become a registered user (“Registered User”) of the Site, you agree to accept and abide by the provisions set out in this Agreement for each visit to the Site or use of the Services. If you do not agree to this Agreement in its entirety, then you should not access this Site or use the Services.
This Agreement is entered into between you and Pink Triangle Press, a non-share corporation incorporated under the laws of the Province of Ontario, Canada.
You represent and warrant that you have the right, authority and capacity to legally enter into this Agreement and to comply with all of its terms and conditions.
For the purposes of this Agreement, “Applicable Law” means any applicable domestic or foreign law including any statute, subordinate legislation or treaty, and any applicable guideline, directive, rule, standard, requirement, policy, decision, order, judgment, injunction, award or decree of a Governmental Authority whether or not having the force of law. “Governmental Authority” means any domestic or foreign legislative, executive, judicial or administrative body or Person having or purporting to have jurisdiction in the relevant circumstances.
Your use of the Site may be affected by other agreements between you and us or you and third parties and any use of this Site does not modify the terms and provisions of such other agreements.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site. If and to the extent that we ever collect, use or disclose any personal information, it will be in accordance with the Privacy Policy and by providing personally identifiable information to us, including by posting such information on the Site, you consent to the use of such information in accordance with the Privacy Policy.
Please review the privacy policy of all sites to which you may be redirected from our Site, including the sites of any third parties that provide payment or membership processing services in respect of our Site, as those policies may be applicable to any personally identifiable information that you provide through those sites.
We take reasonable precautions to keep the details of your postings and of any correspondence that you sent through the use of the Site and Services secure but we cannot be held liable for any losses as a result of unauthorized access to information provided by you.
CHANGES IN TERMS OF USE AND SITE
We may change these terms and conditions of use at any time without notice. You agree to review these Terms of Use from time to time so that you will be aware of any changes. The changes are effective and binding upon the earlier of (i) our providing you with notice of such changes, and (ii) 14 days after the revised agreement is posted on the Site.
We may modify, update or discontinue the Site or Services or any part of the Site or Services at any time without notice. We reserve the right to change or remove any content from the Site, in whole or in part, at our sole discretion, at any time, without notice.
SITE ACCESS AND USE
This Site is made available for your personal use only. We grant to you a non-exclusive, non-transferable, revocable and limited right to make personal use of the Site, including the right to access and view the Site, subject to the terms and conditions set out in this Agreement.
All postings, including messages, text, files, images, videos, sounds or other material are published on the Site in good faith without verification by us and may, or may not, have been screened or approved by us. We make no representation or warranty regarding the accuracy of any postings and users are advised to check advertisement and other content details carefully before entering into any agreement of any kind and before disclosing personal information.
We reserve the right to refuse to post any content for any reason in our sole discretion. We reserve the right to attribute classifications, and to revise or censor any postings for any reason in our sole discretion.
We grant to you a non-exclusive, non-transferable, revocable and limited right to create a hyperlink to pages of the Site, provided that the link to our Site does not portray us, our affiliates, or their products or services in a false, misleading or derogatory manner or in any manner that may depreciate the goodwill associated with us.
You may not use or reproduce any of our content, including any of our trademarks, as a part of a link to our Site without our express written consent.
Any correspondence or dealings by you with any third parties, including with persons placing posts on our site, vendors or advertisers, is solely between you and such parties. We make no representation or warranty regarding, and assume no responsibility or liability for any transactions that you may enter into, including the payment for and delivery of goods and services, and any terms, conditions, warranties, or representations associated with such transactions.
All content is provided for information purposes only and we do not expressly or impliedly endorse any posted content, linked content, or any third party products, services, advice, opinions or information.
THIS AGREEMENT AND ANY LICENSE GRANTED TO THE SITE AND TO USE ANY SERVICES WILL IMMEDIATELY TERMINATE UPON ANY UNAUTHORIZED USE OF THE SITE OR UPON ANY BREACH OF THE PROVISIONS OF THIS AGREEMENT.
USAGE POLICY AND PROHIBITIONS
In addition to any other limitations set out in this Agreement, you may not nor will you allow others to, directly or indirectly:
- upload or post material on this Site or engage in any use of the Site that would constitute a criminal offence or give rise to civil liability or that would encourage or promote such conduct;
- upload or post material that is false or misleading in any way;
- upload or post material, or offer for sale any goods or services, that violate or encourage the violation of any Applicable Law;
- use this Site in a manner that is contrary to Applicable Law or electronic etiquette, or which would adversely impact use of the Site or the Internet by other users;
- download or use content from the Site other than for personal non-commercial information purposes;
- modify, copy, display or translate the Site or any part of the Site;
- decompile, reverse engineer or disassemble the Site;
- create, reproduce, upload, download, communicate, publish, store or use any other person’s content that has been posted to the Site, or any content or other material the effect of which is to infringe upon third party intellectual property rights including copyrights;
- frame or use framing techniques to enclose any element of the Site including any of its content without our express written consent;
- use any meta tags or other hidden text containing our name or trademarks without our express written consent;
- meta-search the Site;
- upload, post or otherwise transmit on this Site any harmful, disruptive or destructive files, programs or other items;
- interfere with the security of, or otherwise abuse, this Site or any system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
- use any robot, spider or other automatic program or device or manual process to monitor, copy, summarize, or otherwise extract information from this Site in whole or in part;
- use or attempt to use another's account, password, service, system or other information without prior written authorization from us, or create or use a false identity on this Site, or circumvent measures used to restrict access to the Site;
- transmit through, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
- upload to, distribute to, or otherwise disseminate through this Site or through the use of the Services, any material or information of any kind that is defamatory, obscene, pornographic, abusive, or violates any Applicable Law or infringes or violates any rights of any other person;
- disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
- attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access;
- use this Site in any manner that could damage, disable, overburden or impair this Site; or
- use the Site or Services in any way that violates Applicable Law.
REPORTING ABUSE AND INFRINGEMENT
You should report any suspected breach of the terms of this Agreement, abuse of the posting policies or infringement of intellectual property rights to us by sending an email to webmaster@guidemag.com. We will make reasonable efforts to investigate and respond to such conduct, including by exercising such remedies as we determine in our sole discretion to be appropriate, including terminating access to the Site, removing offending content from the Site, and pursuing such other legal and equitable remedies as may be available under Applicable Law. However, notwithstanding the foregoing, we do not, by taking such steps, accept any liability for monitoring the Site, for unauthorized or unlawful content on the Site or for use of the Site by others.
PAYMENT
Most Services available on the Site are free. Should you request any Services in respect of which there are any charges, such as for placements of advertisements or prioritized listings, payment must be received in full prior to delivery of the Services. All references to paid services charged by the Site are in US Dollars. Fees are non-refundable.
SUBMISSION OF INFORMATION
Any notes, message or billboard postings, ideas, suggestions, concepts or other material submitted to the Site will become the property of Pink Triangle Press and we shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to our Site, you agree that we have the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
We may provide certain security in an effort to protect the electronic transmission of credit card numbers or other financial information that you submit to us through this Site. However, we do not guarantee the security of any information including any financial information transmitted to or from this Site.
Other than the financial information, you are not permitted to send or transmit any confidential or proprietary information to us through this Site. Except for the financial information referred to above or personal information about you, any information that you send to us through this Site will be deemed to be non-confidential information to which you have granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense such information or to incorporate it in other works.
CONTENT LINKED TO BY US
We may provide links to sites operated by third parties, including without limitation to the sites of third party payment processors. These links do not constitute affiliation, endorsement, sponsorship or recommendation by us of the third parties, the linked site, content, services or products available on or through such third party sites.
If you access or otherwise use third party sites or if you have any dealings with third parties, including advertisers found on the Site, you acknowledge that you do so subject to any terms and conditions and any privacy policies applicable to those sites and that you do so at your own risk. We are not responsible for the availability of linked sites or for their content, services, products, actions or inactions.
THIRD PARTY CONTENT
This Site contains materials, data and information provided, posted or offered by third parties, including but not limited to user postings and advertisements. We have no liability whatsoever for any third party material, data, information or other content.
LICENSES
If you post any content to the Site, you hereby grant to us the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any copyright, trademark, publicity, database and other intellectual property rights in that content as required for the display and publication of the content on our Site and for the use, reproduction and download of that content by users of the Site.
INTELLECTUAL PROPERTY
All content on the Site, including all text, graphics, icons, images, audio or video clips and software, is our property or the property of our licensors and may be subject to copyright, trademark and other intellectual property laws.
TRADEMARKS
All marks displayed on the Site are trademarks or registered trade-marks belonging to us or to our affiliates or licensors. The Site look and feel, layout, graphics, icons and images constitute trademarks or trade dress belong to us. Our trademarks and trade dress may not be reproduced or used in association with any products or services except as authorized by us. All trademarks not owned by us or our affiliates that appear on the Site are the property of their respective owners.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms, that you will comply with all of the terms, conditions and other provisions of this Agreement, that you will comply with all Applicable Laws and policies affecting the use of the Site or Services, and that you will only use the Site or Services on a computer on which such use is authorized by the computer's owner.
TERMINATION
We may terminate this Agreement or refuse access to the Site at any time without notice.
DISCLAIMERS
CONTENT ON THE SITE HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND IS THEREFORE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE".
THE INFORMATION ON THIS SITE IS PROVIDED SOLELY FOR ENTERTAINMENT PURPOSES AND DOES NOT CREATE A BUSINESS OR PROFESSIONAL SERVICES RELATIONSHIP. DESCRIPTIONS OF, OR REFERENCES TO, TRAVEL DESTINATIONS, RESTAURANTS, ACCOMMODATIONS, AND ANY OTHER HOSPITALITY OR OTHER PRODUCTS, SERVICES OR PUBLICATIONS ON THE SITE DOES NOT IMPLY ANY ENDORSEMENT AND WE MAKE ABSOLUTELY NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT-MATTER OF SUCH INFORMATION, INCLUDING ITS COMPLETENESS OR ACCURACY.
INFORMATION ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
ANY RELIANCE ON THE INFORMATION AVAILABLE FROM THE SITE IS SOLELY AT YOUR OWN RISK.
NO REPRESENTATIONS, CONDITIONS, WARRANTEES OR GUARANTEES ARE EXPRESSED OR CAN BE IMPLIED REGARDING THE SITE OR THE SERVICES OR THEIR USE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, CONDITIONS, WARRANTEES OR GUARANTEES AS TO DESCRIPTION, CONDITIONS, FITNESS FOR PURPOSE, QUALITY, QUANTITY OR MERCHANTABILITY OR AS TO ANY OTHER MATTER WHATSOEVER. YOU EXPRESSLY WAIVE ALL SUCH EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES AND GUARANTEES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO ENDORSEMENTS, REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY MATERIAL ON THE SITE OR ABOUT CONTINUOUS OR SECURE ACCESS TO OUR SITE OR SERVERS.
LIMITATION OF LIABILITY
NEITHER WE NOR OUR AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR FROM THE USE OF THE SITE. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY AND SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT, OR ANY REMEDY CONTAINED IN THIS AGREEMENT. IN NO EVENT SHALL THE FOREGOING BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSSES, DAMAGE OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF PROFITS, LOST BUSINESS, OR LOST SAVINGS) EVEN IF THEY HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. THE ALLOCATIONS OF LIABILITY IN THIS AGREEMENT REPRESENT THE AGREED AND BARGAINED-FOR UNDERSTANDING OF THE PARTIES.
IF THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MIGHT NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
INDEMNIFICATION
You agree to hold harmless and indemnify us, our agents, affiliates, partners, successors or assigns, and their respective directors, officers, shareholders and employees (each an “indemnified party”), from and against any losses, damages, expenses, fines, monetary penalties, liabilities (whether accrued, actual, contingent, latent or otherwise), claims and demands of any nature or kind including any interest and all legal fees and costs on a substantial indemnity basis, and including without limitation any claims for loss of revenue, expected profits or expected savings, or any other commercial, economic, general, specific, direct, indirect, special, incidental, consequential, punitive or exemplary losses or damages (each a “claim”) which an indemnified party may suffer or incur by reason of any breach or allegation of breach of any warranty, representation or agreement made by you under this Agreement, by reason of your use of the Site or Services or by reason of a failure by you to comply with all applicable laws.
AMENDMENTS AND WAIVERS
No amendment to this Agreement will be valid or binding unless set out in writing by us and posted to the terms and conditions of this Agreement on the Site. No waiver of any breach of any provision of this Agreement will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, will be limited to the specific breach waived.
ASSIGNMENT
You may not assign or transfer this Agreement, any right granted under this Agreement or your Registered User account to any other person.
SEVERABILITY
If any one or more provisions contained in this Agreement should be held by a court or other tribunal to be invalid, illegal or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
NOTICE AND COMMUNICATION
When you visit the Site or send any e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site.
You agree that all demands, notices or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
GENERAL
This Agreement and the Privacy Policy constitute the entire agreement between us. Any demand, notice or other communication to be given in connection with this Agreement must be given to us by electronic means of communication addressed to webmaster@guidemag.com or to such other address, individual or electronic communication number as may be designated by notice to you and will be deemed to have been given on the day of transmittal if given during our normal business hours of the recipient and on the business day during which such normal business hours next occur if not given during such hours. This Agreement is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. For the purpose of all legal proceedings this Agreement will be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario will have jurisdiction to entertain any action arising under this Agreement, except for matters that can be tried only before a Federal Court in which case jurisdiction and venue shall be in Ontario. The parties to this agreement each hereby attorn to the jurisdiction of the courts of the Province of Ontario and of the Federal Court in accordance with the foregoing and waive any objection to venue or any claim of inconvenient forum.