“posting” means that you transmit, submit, display or publish (“post”) content on the Site or through a Linked Service;
“content” includes but is not limited to links, private messages, emails and instant messages, photos, videos, articles, text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials;
“Other Services” are as defined in sub-paragraph 13.1.
“Linked Services is defined in paragraph 10.2
(a) words denoting the singular include the plural and vice versa, and words denoting any gender include all genders;
(b) the word “includes” or “including” shall mean “includes without limitation” or “including without limitation”, respectively;
(c) any reference to a statute shall mean the statute in force, as amended from time-to-time, and any regulation in force thereunder, unless otherwise expressly provided;
(d) any references to sections or Articles are references to Sections or Articles of this Agreement, unless the context otherwise requires;
(e) the use of headings is for convenience of reference only and shall not affect the construction of this Agreement;
(f) when calculating the period of time within which or following which any act is to be done or step taken, the date which is the reference day in calculating such period shall be excluded. If the last day of such period is not a Business Day, the period shall end on the next Business Day;
(g) all dollar amounts are expressed in Canadian funds.
- Representations as to Eligibility
4.1 Term & Membership:
4.2 Fees & Independence of Members:
4.2.2 Members Are Independent: If you post content to us as a Member, you will be treated as an independent contractor, not an employee. You agree that you are not entitled to, and do not expect any wages or compensation from us for any of your content. You also agree that you are not eligible for any employee benefit plans or programs. You are responsible for obtaining your own equipment such as your own computer, Internet access, third-party clearances and licenses and everything else you need to post your content. Further, you are not under our direction or control and that you cannot hold yourself out as our agent or representative or attempt to bind us to any obligations. You acknowledge and agree that we provide an Internet forum for you to post content regarding events. If you post content on the Site, you decide when, where and how often you post content. We do not select or approve your topics. Access to events is up to event organizers.
- Passwords and Security:
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify 7988826 immediately of any authorized use of your password(s). You are responsible for all actions performed by your account whether done by you or by others.
- Intellectual Property
6.1 Intellectual Property Rights for Postings: 7988826 does not claim any ownership rights in the Content you post (“your Content”. ) You retain any such rights that you may have in your Content, subject to the following license. You hereby grant to 7988826 a worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute your Content, including, to the Site, any applications, websites or mobile, desktop or other services which are linked with your 7988826 Profile and which includes, distributing part or all of the Linked Services and any of your content, in any media formats existing now or in the future and through any media channels. This limited license does not grant 7988826 the right to sell or otherwise distribute your Content outside of the Site or Linked Services. Notwithstanding the foregoing, you agree and understand that once your Content is distributed to a Linked Service, 7988826 is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
- 2 The license you grant to 7988826 is non-exclusive (so that you can license Content to others) and is royalty-free and is sub-licensable.
- 3 You warrant and represent that: (i) you either own the content posted by you, or otherwise have the right to so post and grant the license to 7988826 provided for in this Agreement, and (ii) the content posted by you does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for any and all fines, royalties, fees, and any other monies whatsoever owing any person or entity by reason of the use of any Content posted by you on or through the Site or Linked Services.
- Prohibition of Publication of Certain Material and Activities:
7.1 General: You agree to use the Site and the Linked Services for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International, United States or Canadian Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material that we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. You assume all risks if content you posted is not in the public domain when you have assumed that it is.
7.2 Prohibited Activities:
Without limitation, you agree not to:
(i) post, use, possess, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others ;
(ii) participate in any illegal gaming, or soliciting schemes;
(iii) post any content or make any use whatsoever or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law, order or regulation.
(iv) use the Site or Linked Services in such a manner so as to avoid charges for usage in violation of this or other agreements;
(iv) participate in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
(v) access the Internet or the Site or Linked Services using an Internet Protocol (IP) addresses other than the one assigned to you;
(vi) collect or store personal data about others, invade or violate another person’s privacy, or stalk or harass another person or entity;
(vii) access any software, computer, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate such access;
(viii) post,, deface, modify or otherwise make available content protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement), without obtaining permission of or proprietary right holder or the copyright owner ;
(ix) use, sell reproduce, distribute, or otherwise exploit the Site or the Linked Services or content we provide or which you obtain through the Site or the Linked Services for any commercial purposes;
(xii) interfere with the ability of any person to access, use or enjoy the Site , the Linked Services, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature, distributing spam ( mass or unsolicited e-mail) or other messages;
(xiii) disrupt, restrict, inhibit or impede the delivery of the Linked Services, Site or Linked Services;
(xiv) to hack or attempt to crash the Site
(xv) use the Site or Linked Services for anything other than the purposes provided for in the Terms of Service.
(xvii) impersonate any person or entity, including, without limitation, a 7988826 representative, or falsely misrepresent your affiliation with a person or entity;
(xviii) forge headers or identifiers in order to disguise the origin of any content posted through the Site or Linked Services; or
(xix) port scan a person’s wireless device or computer without that consent, or use any hardware tools designed to facilitate these scans.
(xx) any kind of spamming, i.e. the sending of unsolicited email is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by us.
(xxi) any running of unconfirmed mailing lists is prohibited. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. Purchasing lists of email addresses is prohibited.
(xxiii) any email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
7.3 Prohibited Content
7.3.1 You agree not to post to the Site or any Service any Unlawful or Inappropriate Content as outlined below. Despite this prohibition, content provided by other Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and 7988826 assumes no responsibility or liability for this content. You agree that if you become aware of any illegal or unauthorized content by any person or Linked Service, to report the said content to us by clicking on the Contact link or the “Report ” link one the location of said content.
- 3.3 You are solely responsible for the content that you post on the Site or through Linked Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3.4 You shall not knowingly or unknowingly post any unlawful or inappropriate content (“Unlawful or Inappropriate Content”) which includes, without limitation:
(i) any material which violates or infringes any copyright, trade mark, trade secret, patent, statutory, common law or other proprietary rights of others;
(ii) any material that is libelous or slanderous;
(iii) fraudulent, defamatory or deceptive statements;
(iv) content that unlawfully promotes or incites hatred or consists of threatening, intimidating, abusive or harassing statements;
(v) any material which is or contains anything obscene, offensive or pornographic; or sites that may imply sexual content, or link to adult content elsewhere
(vi) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
(vii) that is not consistent or violates any applicable International, local, provincial and federal laws and regulations
(viii) any material which violates or infringes any term or condition in any of our suppliers Contracts
(ix) any material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(x) any link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;
(xi) any material that would create a warez sites such as but not limited to: torrent files, links to illegal downloads, illegal music files,
(xii) any material that allows for the luring of or exploits children under the age of 18 including but not limited to modeling of persons under the age of 18;
(xii) content that is otherwise objectionable or offensive;
7.4 Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. We do not screen in advance your Content that you Post. The Site’s publication of material submitted by you does not create any express or implied approval by us of such material, nor does it indicate that such material complies with this Terms of Service.
7.6 You shall not use the Service primarily for the purposes of storage. We reserve the right to limit the storage capacity of Content that you post on the Site.
- Service Interruption We may suspend the Site at any time for any duration of time, without penalty or liability to us, where necessary. You agree that it may be necessary for us to temporarily suspend our Site for technical reasons or for maintain. We shall not bear any liability whatsoever for: (i) any such suspensions of the Site; (ii) the termination of the Site pursuant to these Terms and Conditions; (iii) suspension or termination of The Site due to your non-payment of amounts or deposits due; (iv) suspension or termination of The Site due to your unlawful or improper use of facilities or The Site by You; (v) your inability to access any The Site; or (vi) suspension or termination of the Site for any other reason at our sole discretion. Neither we nor our suppliers warrant or say that the Site will be uninterrupted or error free.
- Protecting Copyrights and Other Intellectual Property
We respect the intellectual property of others, and we require that our Users do the same. As such, you may not in using the Site or any Linked Service infringe any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Our policy is to advise Members of alleged proprietary infringement and also to terminate or disable the Membership of repeat infringers. If you believe your copyright or other propriety right has been infringed on or through the Site or Service, please send our Copyright Agent a notification of claimed infringement with sufficient identification information such as: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Toronto ON M5C 2C5; Attn: Copyright Agent and electronically at [[email protected]]
10.2 Third Party Linked Services:
- Member Disputes
You agree to be solely responsible for any interactions that you may have with other Users, third party developers or any other parties with whom you interact through the Site or Linked Services. 7988826 reserves the right, but has no obligation, to become involved in any way with these disputes.
- U.S. & Other Export Controls
You agree that any software available with the Site and Linked Services (the “Software”) may be subject to United States and other export controls and that no such Software may be downloaded from the Site nor exported or re-exported in violation of export laws and that using or downloading the Software is at your sole risk.
13.1 This Agreement is accepted upon your use of the Site or any of the 7988826 other services (“Other Services”) and is further affirmed by you becoming a Member. Your agreement with 7988826 may include these Terms of Service. Your access and use of Other Services may require you to accept additional terms and conditions applicable to such certain Other Services
13.2 Waiver: The failure of 7988826 to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
13.3 This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
13.4 Disclaimer: THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE. 7988826 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 7988826 MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. 7988826 SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. 7988826 RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
WITHOUT LIMITATION, 7988826 is not liable to you or to any third party for any events listed on the Site. You agree to contact the events directly for information such as buying tickets, renting space & attending. 7988826 takes no responsibility for the events whatsoever.
Limitation of Liability IN NO EVENT SHALL 7988826 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Without limiting the generality of the foregoing, 7988826 is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if 7988826 has been advised of the possibility of such claim, loss, damages, liability or expenses by Client or others. Client assumes all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall 7988826’s liability to Client exceed $ 10.00
13.5 Indemnity: You agree to defend, indemnify and hold harmless 7988826 , its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Site or your access to or use of any third party web sites, content, products and services.
13.6 Applicable Laws Canadian federal law or the laws of the Province of Ontario shall govern all matters relating to your access to, and use of the Site or your access to or use of any third party web sites, content, products and services. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a Federal or Provincial court in Toronto, Ontario. You and 7988826 agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
13.7 Copyright/Trademark Information: This web site and its content is Copyright © 2011 – 2018 TorontoArtsandEvents is a trade name of 7988826 All rights reserved.