This website including its tools, applications and services are intended solely for access and use by individuals who are at least eighteen (18) years old and above. By accessing and using this website including its tools, applications and services, you warrant and represent that you are at least eighteen (18) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
USE OF THIS WEBSITE & PROHIBITIONS
This website allows you to conduct transactions, make comments, participate in discussions, communicate with other members and post content such as Items and/or Services for Sale, Classified Ads and Community Events. You understand and agree, however, that you will use this website including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use this website and its services in compliance with all applicable local, provincial, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Canadian export control laws.
(a) you must not use this website, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our website, services, or tools
(b) you should not post any blogs, items, messages, and/or contents that are inappropriate and fails to observe sense of decency and/or would offend other persons;
(c) you must not republish, sell, rent or sub-license any materials from this website including republication on another website;
(d) you must not collect and disclose information about users’ personal information;
(e) you must not reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
(f) you must not post false, inaccurate, misleading, defamatory, or libelous content;
(g) you must not take any action that may damage the rating system.
(h) You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
REGISTRATION / MEMBER ACCOUNT
In addition, you may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another Member’s Account without authorization from us or create a false identity on our Services.
NON-COMMERCIAL USE BY MEMBERS
Members on this website are prohibited to use the services of this website in connection with any commercial endeavors or ventures which are not intended by Superior Media (Sault) Ltd. and Kapptive Studios. This includes providing links to other websites, whether deemed competitive to this website or not.
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to this website will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish a hyperlink to appropriate part within this website provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to this website on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
ITEMS/SERVICES FOR SALE, EVENTS, CLASSIFIED ADS, CHAT ROOMS, FORUMS, COMMUNICATIONS AND OTHER MATERIALS POSTED BY YOU
By participating in this website, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accepts and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to this website or use of Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through this website or the Services.
It should be noted that this website or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through this website or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through this website or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, we make no representation that the operation of this website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued this website or any part of it at anytime. The information, content and services on this website are provided on an “as is” basis. When you use this website and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on this website shall remain the property of Superior Media (Sault) Ltd., Kapptive Studios and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in this website or anything retrieved or downloaded from them.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to this website, and that You will not acquire any right, title, or interest in or to this website except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and website members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Superior Media (Sault) Ltd. and Kapptive Studios. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
WAIVER AND SEVERABILITY OF TERMS
Failure of Superior Media (Sault) Ltd. and Kapptive Studios to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Sault Ste. Marie, Ontario Canada, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this website, the contents and materials provided by or through this website, and the subject matter of this Agreement.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Sault Ste. Marie, Ontario Canada, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
This Agreement will remain in full force and effect while you use this website. You may terminate your membership at any time for any reason by following the instructions on the “TERMINATION OF ACCOUNT” in the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.