User-Agreement
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS YOU ACCEPT UPON THE USE OF ANY SERVICES PROVIDED BY PLANET OTTAWA.
Welcome to Planet Ottawa's User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at planetottawa.com. If you do not accept these terms and conditions or have any questions, you may contact Planet Ottawa by sending mail to webmaster@planetottawa.com.
Planet Ottawa may amend this Agreement at any time by posting the amended terms on this site. This agreement was last revised on November 19, 2006.
Eligibility
Some of our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, some of our services are not available to minors (under the age of 18). If you do not qualify, please do not use those services. Planet Ottawa may refuse services such as, but not limited to our Advertising Program, Internet Listing Service & Directory, Free Classifieds or Free Web-based Email to anyone at any time, at our sole discretion.
Fees.
Planet Ottawa services such as our Net Guide Directory, Classifieds, are free to use. Fees apply to but are not neccesarily limited to: "Net Guide Listings, Prefered Listings, Premium (Web Profile) Listings, Banner Advertising, Keyword Advertising, Coupon Advertising, Web Page Advertising and Shopping Guide Product Listings. More information is available to view on our Advertising Info page, and are incorporated herein by reference. All fees are quoted in Canadian Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, or procure a listing from us to access our site. We may in our sole discretion add, delete or change some or all of our services at any time.
planetottawa.com Web Site.
Our site acts as a venue for users to interact with other users; to post classified ads, to send post cards, to obtain free email services, to search the internet, to post internet listings, or to advertise products and services. We are not involved in any transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of any listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer for sale on our site. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
At no time will any user, registered or otherwise, of Planet Ottawa services participate in whole or in part in any transaction, or offering, or sales fee, or for any payment of any kind for any services provided in conjuction with any of Planet Ottawa services. No permission is granted to any individual or organization to sell or offer their services to post or sell any Planet Ottawa services without the expressed written permission and agreement of Planet Ottawa.
Because user authentication is difficult, Planet Ottawa cannot and does not confirm that each user is who they claim to be. Therefore, you must be careful in dealing with other users of our site.
In the event that you have a dispute with one or more users, you release Planet Ottawa (and our agents, heirs and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site.
Without limiting any other remedies, Planet Ottawa may suspend or terminate your account if you are found by conviction, settlement, insurance or by investigation, or otherwise to have engaged in fraudulent activity in connection with our site;
Planet Ottawa will suspend or terminate your account if you repeatedly infringe third party intellectual property rights;
Your listing(s) shall not be fraudulent or involve the sale of counterfeit or stolen items;
Your listing(s) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Your listing(s) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
Your listing(s) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
Your listing(s) shall not be obscene or contain child pornography or, if otherwise harmful to minors,
Your listing(s) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Your listing(s) shall not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; (ii) are identical to other items you have listed for auction on another web site ; or (iii) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any: (iv) item that, by paying to us a "Fee", could cause us to violate any applicable law, statute, ordinance or regulation.
A Prohibited Items List is incorporated herein, which may be updated from time to time.
Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, to any of our services, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
Your Information.
- Your information includes any information you provide to us or other users during the registration, or listing process, in any public message area (ie: Directory Listings, Chat, Classifieds) or through any email feature (defined herein as "Your Information").
- You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Planet Ottawa will only use Your Information in accordance with our Privacy Policy.
System Integrity.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Planet Ottawa site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
Privacy.
Our current privacy policy is incorporated herein by reference.
No Warranty.
PLANET OTTAWA PROVIDES THIS WEBSITE AND IT'S SERVICES WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
Limit of Liability.
IN NO EVENT SHALL PLANET OTTAWA BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of any of our services.
No Agency.
You and Planet Ottawa are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices.
Except as explicitly stated otherwise, any notices shall be given by email to webmaster@planetottawa.com or to the email address you provide to Planet Ottawa during any registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Planet Ottawa during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
General.
This Agreement shall be governed in all respects by canadian law. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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