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Terms of Service
for wowedmonton.com
Welcome to WOWEdmonton.com! WOWEdmonton.com was created to provide a space for information exchange, discussion and civil debate. It is intended to be a warm, friendly, interesting, stimulating, and fun place primarily for those who live in the Edmonton Alberta area to enjoy one another’s company. As such, many of our resources and services (Services) are only offered and relevant to those that reside in this specific geographic area.
1. ACCEPTANCE OF TERMS OF SERVICE
We have created the following terms and conditions (the "Terms" or the "Agreement") to foster an environment of shared values, mutual respect and trust. It is under these terms that you may use the Web Site. Please read this page carefully. By using the WOWEdmonton.com site you explicitly and willfully agree to be bound by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site.
WOWEdmonton.com may, in its sole discretion, modify or revise these Terms at any time by updating this page. Users and Registered Members are bound by any such modifications.
2. REGISTRATION INFORMATION AND PRIVACY
If and when you register on the site, you agree to provide accurate current information about yourself and promptly update this information to maintain its accuracy by logging-in to the WOWEdmonton.com “My Profile” page should the information provided change. Should you misrepresent the aforementioned information or WOWEdmonton.com has reason to believe such information is not true; WOWEdmonton.com has the right to discontinue your account and refuse service and future service of the site.
WOWEdmonton.com is particularly concerned about the safety of children under the age of 13 using the site. Should you allow your child to register and you confirm their registration, you represent that you are of legal age, the legal guardian of the child, and provide permission for the child to access the Services. WOWEdmonton.com delivers Services for a broad audience and as the child's legal guardian it is solely your responsibility to determine if any part of the site is not appropriate for your child to access.
You understand and agree to provide consent that WOWEdmonton.com may access, archive, and disclose your registration information if required by law or in good faith belief that the disclosure is reasonably necessary to enforce the TOS, to comply with a legal process, to respond that information violates third party rights, or to protect the rights, property, or personal safety of WOWEdmonton.com users and the public.
Upon registering you will be required to provide a login I.D. (name) and password. You are responsible for keeping this information private and confidential. You assume responsibility for the use of the Services and all activities that occur under your login. You agree to immediately notify WOWEdmonton.com should you suspect or become aware of any unauthorized use of the Services under your login. You agree to properly sign out (logout) at the end of your sessions (a right top of page link is provided for your convenience). WOWEdmonton.com cannot and will not be responsible and liable for any loss or damages resulting from your failure to logout properly.
AS part of the registration you agree to maintain an active email account to receive communications from WOWEdmonton.com regarding Web Site updates, announcements and Membership-related messages. Membership requires these email notices; you may not opt out of receiving them. If Web Site emails are unable to be delivered to your email account, WOWEdmonton.com will revoke your Membership;
3. REGISTRATION PRIVACY
The privacy of your personal information is a paramount concern of WOWEdmonton.com. All registration information and use thereof shall be reasonably safeguarded and the use thereof shall be governed by our Privacy Policy.
4. USER RESPONSIBILITIES & PRIVILEGES
You understand and agree that you are solely responsible for your own content, data, graphics, messages transmitted, or other materials and/or Services used on WOWEdmonton.com. You are entirely responsible for all information whether publicly posted or privately transmitted using the Services and assume all responsibility for any consequences thereof related to your actions using the Services. WOWEdmonton.com does not control the information posted or transmitted by users of the Services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the service you may be exposed to objectionable or indecent information. WOWEdmonton.com under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. You agree to use WOWEdmonton.com only to post materials that are legal, proper, somehow related to the purposes of this geographic community, and conform to the decency standard of our community. By way of example, and not as a limitation, you agree that when using this Web Site, you will not:
- Harm children in any way;
- Provide material that exploits people in a sexual or violent manner, or solicits personal information from anyone under 18;
- Display pornographic or sexually explicit material of any kind;
- Restrict or inhibit any other user from using and enjoying the use of the site and its Services;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, make available, distribute, disseminate or offer to do the same, any information that is vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, misleading, is illegal or promotes illegal activities or conduct;
- Post or transmit spam, "chain letters", "junk mail", promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
- Use the site to engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- Collect or store personal data about other users;
- Make any post that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted;
- Post any material that contains or will contain any disabling mechanism or protection feature designed to prevent its use including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the WOWEdmonton.com site and any world wide web pages or any operating system software or hardware on which such Content, Service or WOWEdmonton.com site is operated or displayed except as specifically designed into the Content.
- Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another's computer software, hardware or telecommunications equipment;
- Hack into any part of the Web Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the Services, servers, or network infrastructure;
- Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Encourage, glorify or commit a criminal offense;
- Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever;
5. WEB SITE MATERIALS
The contents of this Web Site, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material ("Material") are protected by copyright and other laws.
WOWEdmonton.com authorizes you to view the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of WOWEdmonton.com. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
6. WEB SITE WARRANTIES
The WOWEdmonton.com Web Site and Materials contained therein are provided on an "AS IS" basis without any warranties of any kind, either express or implied. WOWEdmonton.com, to the extent permitted by law, disclaims all warranties, included but not limited to: warranties of title, fitness for a particular purpose, and non-infringement of third party rights. WOWEdmonton.com makes no warranties about the accuracy, completeness, reliability, or timeliness of the material and links presented on the Web Site.
Neither does WOWEdmonton.com warrant that the Web Site will operate without error or that the Web Site and its server are free of computer viruses or other harmful code. WOWEdmonton.com is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Web Site. WOWEdmonton.com contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
7. DISCLAIMER OF DAMAGES & LIMITATION OF LIABILITY
Your use of WOWEdmonton.com is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, our Privacy Policy or any other policies, your sole remedy is to discontinue use of the Web Site.
In no event will WOWEdmonton.com be liable to any user or other third party for any damages resulting from the use or inability to use the Web Site or the materials contained therein. This disclaimer and limitation includes direct, indirect, incidental, special, consequential, or exemplary damages or lost profits, and applies whether based on warranty, contract, tort, or any other legal theory, regardless of whether WOWEdmonton.com is advised of the possibility of such damages.
8. PUBLIC & USER SUBMISSIONS - GENERAL
WOWEdmonton.com includes postings, listings, graphics, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. WOWEdmonton.com has no responsibility for such content and is merely providing access to such content as a service to you. While WOWEdmonton.com will endeavor to remove any offensive or harmful content from the Web Site as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information.
9. PUBLIC COMMUNICATION SERVICES (“COMMSERVS”)
When participating in/with any of the WOWEdmonton.com Communication Services (“CommServs”) [forums, chat, Instant Messenger, email, video conferencing, etc.] never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. WOWEdmonton.com cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a forum or chat room, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular forum or chat room. Please note that WOWEdmonton.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
"Use of and/or participation in/with any of the WOWEdmonton.com CommServs shall indicate your acceptance of the terms and conditions of the Guidelines & Protocol.
10. OUR OBLIGATION TO MONITOR CONTENT
WOWEdmonton.com does not control the information posted by Web Site users or Registered Members, and has no obligation to monitor postings. However, WOWEdmonton.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in WOWEdmonton.com sole discretion.
WOWEdmonton.com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that any reliance on material so posted will be at your own risk.
If WOWEdmonton.com is notified by a user of content which allegedly does not conform to any term of this Agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. If WOWEdmonton.com, or one of our agents, chooses to edit third-party content, this action does not set a precedent for any other alleged violation of either the Terms of Service or Privacy Policy. WOWEdmonton.com will have no liability or responsibility for performance or non-performance of such investigation. WOWEdmonton.com reserves the right to terminate or restrict your access to any or all Membership privileges at any time without notice for any reason whatsoever.
11. COPYRIGHT
Posting communications on or through the web site automatically grants WOWEdmonton.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed.
12. COPYRIGHT INFRINGEMENT
WOWEdmonton.com may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Web Site that infringes on the rights of others. If you believe that any work (yours or others) has been used on the Web Site in a manner that constitutes copyright infringement, please provide WOWEdmonton.com with a written notice - by postal mail, e-mail, or FAX - that includes as much of the following information as possible:
1. Identification of the copyrighted work claimed to have been infringed.
2. A description of or actual page link to where the material in question is located on the Web Site.
3. Your mailing address, telephone number, and email address.
4. A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
6. A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
For purposes of such notice, WOWEdmonton.com address for notice is as follows:
WOWEdmonton.com
4324 – 79 Street
Edmonton, Alberta
T6K 0Y8
13. UNSOLICITED E-MAIL (SPAM)
Any WOWEdmonton.com e-mail user, who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service. WOWEdmonton.com has the sole discretion to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the e-mail user shall be notified as soon as reasonably possible. Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted at WOWEdmonton.com shall be treated as if they originated from the account referenced, unless there is sufficient reason given for WOWEdmonton.com operations staff to believe that the message truly originated with some unrelated party. Postings made to the Usenet newsgroups or other online forums which reference e-mail accounts hosted at WOWEdmonton.com, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail.
E-mail user refers to the person, persons, or entity using a specific account (designated by a unique e-mail address) within the domain controlled by WOWEdmonton.com.
14. LINKS TO OTHER WEB SITES
WOWEdmonton.com contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by WOWEdmonton.com of the contents on such third-party Web sites. WOWEdmonton.com is not responsible nor liable for the availability and content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
15. ONLINE SALES DISCLAIMER
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, WOWEdmonton.com or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. WOWEdmonton.com assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that WOWEdmonton.com shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
16. TERMINATION
You agree that WOWEdmonton.com may under given certain circumstances and without prior notification terminate all Membership privileges. Cause for termination shall include, but not be limited to:
- Violations of this Terms of Service Policy and/or the Privacy Policy;
- Member initiated request;
- Extended periods of account inactivity;
- More than three returned emails;
- Unforeseeable technical difficulties or issues;
- Law enforcement requests.
WOWEdmonton.com may also in its sole discretion and at any time discontinue providing the WOWEdmonton.com site or services or any parts of the WOWEdmonton.com site with or without notice.
You agree that any suspension and/or termination of your access to the WOWEdmonton.com site may be effected without prior notice, and acknowledge and agree that WOWEdmonton.com may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that WOWEdmonton.com shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with WOWEdmonton.com or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of WOWEdmonton.com in operating WOWEdmonton.com or any of the Services, your sole and exclusive remedy is to discontinue using the WOWEdmonton.com site or service in question.
17. TRADEMARKS
The WOWEdmonton.com logos and associated designs are trademarks of WOWEdmonton.com a subsidiary of Visioneers Business Systems Inc. All other product, brand and company names and logos used or mentioned on WOWEdmonton.com or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on WOWEdmonton.com without the express written consent of the owner of the trademark is strictly prohibited.
18. INDEMNITY
You agree to defend, indemnify, and hold harmless WOWEdmonton.com, its officers, directors, employees, agents and Message Board Moderators from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. WOWEdmonton.com will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
19. GENERAL DISCLAIMER
WOWEdmonton.com makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site from outside of Canada, you are responsible for compliance with the laws of your jurisdiction.
WOWEdmonton.com was created by, is owned and managed by WOWEdmonton.com, a subsidiary of Visioneers Business Systems, Inc.headquartered in Edmonton, Alberta, Canada. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the province of Alberta. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the appropriate Alberta District Court, or if such court lacks subject matter jurisdiction, the Supreme Court of Alberta.
You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
Hope you enjoy your stay!
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