If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse any
and all current or future use of the Services (or any portion thereof).
You may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create
or compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or
restrict the use or copying of any Content or enforce limitations on
the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Services.
- Use any information obtained from the Services in order to harass,
abuse, or harm another person.
- Make improper use of our support services or submit false reports
of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws
or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the
Services.
- Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the username
of another user.
- Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware"
or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services
or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent
or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or
use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the
Services.
- Make any unauthorized
use of the Services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses.
- Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
We may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials
to us or on the Services, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Services
and through third-party websites.
As such, any Contributions you transmit may be treated in accordance
with the Services' Privacy Policy.
When you create or make available any Contributions, you thereby represent
and warrant that:
- You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to
authorize us, the Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any
third party.
- Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
You and Services agree that we may access, store, process, and use any
information and personal data that you provide
following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on
the Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party
Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third-Party Websites accessed through the Services
or any Third-Party
Content posted on, available through, or installed from the Services, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party
Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any
Third-Party
Websites or any Third-Party Content
does not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party
Websites or to use or install any
Third-Party
Content, you do so at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or relating
to any applications you use or install from the Services. Any purchases you make through
Third-Party
Websites will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or services
offered on
Third-Party
Websites and you shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from any losses sustained
by you or harm caused to you relating to or resulting in any way from any
Third-Party
Content or any contact with Third-Party Websites.
8. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain
areas of the Services, such as sidebar advertisements or banner advertisements. We
simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (5) otherwise
manage the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: todaytrends.net/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
the United States. If you access the Services from any other region of
the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the United States, then through your continued use of the Services, you
are transferring your data to
the United States, and you expressly consent to have your data
transferred to and processed in
the United States.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN
OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We
will not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any
time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access
or use the Services during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Canada. TodayTrends and yourself irrevocably
consent that the courts of
Canada
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by
either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any
question regarding its existence, validity, or termination, shall be referred to and
finally resolved by the International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of
this ICAC, which, as a result of referring to it, is considered as the part of this
clause. The number of arbitrators shall be three (3). The
seat, or legal place, or arbitration shall be Vancouver, Canada. The language of the proceedings shall be
English. The governing law of these Legal Terms shall be
substantive law of Canada.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that court.
15. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time, without
prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE
OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR
$1.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any
breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any
overt harmful act toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result
of these Legal Terms or use of the Services. You agree that these Legal Terms will not
be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
TodayTrends
403-134 Abbot Street
Vancouver,
British Columbia V6B 2K4
Canada