Terms of Service
Please Read These Terms of Service Before Using This Site
By accessing and using this website, Gabriola Community Exchange, and related email list you are indicating your acceptance to be bound by the terms and conditions of this agreement. If you do not accept these terms and conditions, you must not access or use the website. From time to time, Gabriola Community Exchange may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this website. Your use of the website, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may choose not to use the website.
Section 1. User Consent to Terms and Conditions of Service. (“TOS”)
You represent that you have read and agree to be bound by the “TOS” for Gabriola Community Exchange.
You further agree:
— to comply with Canadian law regarding the transmission of any data obtained from this website in accordance with the TOS
— not to use this website for illegal purposes
— not to interfere or disrupt networks connected to this website.
Section 2. Interactive Features.
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials contained in this website (collectively, the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Gabriola Community Exchange, are entirely responsible for all Content that you upload, post, email or otherwise transmit via this website. Gabriola Community Exchange does not control the Content posted via this website by third-parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Gabriola Community Exchange be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via this website. You agree to not use this website to: (i) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Gabriola Community Exchange official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this website; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) or interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website.
2. By posting messages, uploading files, or otherwise providing any material to us for display on this website, you are granting Gabriola Community Exchange a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to publicly display any such material on this website and in other communication services and platforms such as social media networks and newsletters, etc. for the promotion of the material itself and/or this website. You remain the owner of all material you post on this website and at any time may request its removal from our website.
3. Gabriola Community Exchange shall have the right, but not the obligation, to monitor the content of the site, including email lists to determine compliance with this Agreement and any operating rules established by Gabriola Community Exchange and to satisfy any law, regulation or authorized government request. Gabriola Community Exchange shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Gabriola Community Exchange. Further, Gabriola Community Exchange has the right to remove any material that Gabriola Community Exchange, in its sole discretion, finds to be objectionable or in violation of the provisions of the TOS.
Section 3. License.
You acquire absolutely no rights or licenses in or to this website and materials contained within this website other than the limited right to utilize this website in accordance with the TOS. Should you choose to download content from this website, you must do so in accordance with the TOS.
Section 4. Rights Reserved.
All present and future rights in and title to this website (including the right to exploit this website and any portions of this website over any present or future technology) are reserved to Gabriola Community Exchange for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of this website or any portion thereof. Except as specifically permitted herein, you shall not use Gabriola Community Exchange’s Intellectual Property Rights or this website, or the names of any individual participant in, or contributor to, this website, or any variations or derivatives thereof, for any purpose, without Gabriola Community Exchange’s prior written approval.
Section 5. Fees and Payments.
Gabriola Community Exchange reserves the right at any time to charge fees for access to portions of this website or this website as a whole. If at any time Gabriola Community Exchange requires a fee for portions of this website or this website as a whole, Gabriola Community Exchange will require you to modify your existing account to facilitate payment. In no event will you be charged for access to portions of this website or to this website unless Gabriola Community Exchange obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through this website by Gabriola Community Exchange or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of this website through your account, and the purchase of any other products or services. Certain portions of this website or this website as a whole may require payment in advance. If advance payments are required the product or service you are purchasing will not become available to you until payment is received by Gabriola Community Exchange.
Section 6. Registration and Account Creation.
As part of the registration and account creation process necessary to obtain access to this website, you will provide Gabriola Community Exchange with certain registration information, all of which must be accurate and updated. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Gabriola Community Exchange by contacting us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other information. You are solely responsible for all usage or activity on your Gabriola Community Exchange account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Gabriola Community Exchange’s sole discretion, and Gabriola Community Exchange may refer you to appropriate law enforcement agencies. You may terminate your account at anytime by contacting us with a request. Upon termination, you will receive an confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred, if applicable up to the time the account is terminated.
Section 7. Disclaimer and Limitation of Liability.
1. You agree that your use of this website is at your sole risk and acknowledge that this website and anything contained therein, including, but not limited to, Content, services, goods or advertisements (the “Items”) are provided “AS IS” and that Gabriola Community Exchange makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. Gabriola Community Exchange does not warrant that this website is compatible with your equipment or that this website is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features. You agree that Gabriola Community Exchange and its third-party agents shall have no responsibility or liability for
(i) any injury or damages, whether caused by the negligence of Gabriola Community Exchange, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with this website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Gabriola Community Exchange by any other party or
(ii) any fault, inaccuracy, omission, delay or any other failure in this website caused by your computer equipment or arising from your use of this website on such equipment.
The content of other Web sites, services, goods or advertisements that may be linked to this website is not maintained or controlled by Gabriola Community Exchange. Gabriola Community Exchange is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, this website. Gabriola Community Exchange does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, this website, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to this website or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to this website. Gabriola Community Exchange is also not responsible for the reliability or continued availability of the telephone, cable or other equipment you use to access this website. You understand that Gabriola Community Exchange and/or third-party contributors to this website may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
2. You acknowledge that (i) this website is provided for information purposes only and is not intended for trading purposes. (ii) Gabriola Community Exchange does not guarantee the sequence, accuracy, completeness or timeliness of this website and (iii) the provision of certain parts of this website is subject to the terms and conditions of other agreements to which Gabriola Community Exchange is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Gabriola Community Exchange, its officers and employees, parent, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i)inaccuracies or errors in or omissions from this website. (ii)delays, errors or interruptions in the transmission or delivery of this website; or (iii)loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
3. Under no circumstances, including but not limited to negligence, shall Gabriola Community Exchange, its suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if a Gabriola Community Exchange authorized representative has been advised specifically of the possibility of such damages, arising from use of or inability to use this website or any links or items on this website or any provision of the TOS, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Gabriola Community Exchange’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or gross negligence) exceed the greater of the amount paid by you, if any, for accessing this site.
Section 8. Representations and Warranties.
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least fourteen (14) years old or have obtained parental or guardian permission to enter into this agreement; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use this website only as set forth in the TOS.
Section 9. Indemnification.
You agree, at your own expense, to indemnify, defend and hold harmless Gabriola Community Exchange and its employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against Gabriola Community Exchange, its employees, representatives, suppliers and agents, by a third party, arising out of any communications or materials you submit, post to or transmit through this website, your use of this website, your connection to this website, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, legal fees and costs on a solicitor and own-client basis awarded against or otherwise incurred by Gabriola Community Exchange in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. This indemnification and hold-harmless shall survive termination of the TOS.
Section 10. Termination.
Either you or Gabriola Community Exchange may terminate the TOS with or without cause at any time and such termination shall be effective immediately. You may terminate the TOS by discontinuing use of this website and destroying all materials obtained from this website. These TOS will terminate immediately without notice from Gabriola Community Exchange if you, in Gabriola Community Exchange’s sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by Gabriola Community Exchange, you must destroy promptly all materials obtained from this website and any copies thereof. Sections two through twelve (2-12) and fourteen through nineteen (14-19) shall survive any termination of the TOS.
Section 11. Governing Law.
These TOS shall be governed and construed in accordance with the laws of Canada and the Province of British Columbia, without giving effect to conflicts-of-law principles thereof. You agree to attorn to the jurisdiction of the courts of Vancouver, British Columbia, Canada with respect to any legal proceedings that may arise in connection with this website or from a dispute as to the interpretation or breach of the TOS.
Section 12. Access Outside Canada.
Gabriola Community Exchange does not represent that materials in this website are appropriate or available for use in countries outside Canada. If you choose to access this website from outside Canada, you are responsible for compliance with foreign and local laws.
Section 13. Miscellaneous.
You accept that Gabriola Community Exchange has the right to change the content or technical specifications of any aspect of this website at any time. You further accept that such changes may result in your being unable to access this website.
Section 14. Headings.
The section titles in the TOS are used solely for the convenience of you and Gabriola Community Exchange and have no legal or contractual significance.
Section 15. Severability.
If any provision or portion of any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in full force and effect.
Section 16. Entire Agreement.
The TOS and any other terms and conditions of service on Gabriola Community Exchange, and its successor, constitute the entire agreement between you and Gabriola Community Exchange and govern your use of this website.
Section 17. Intellectual Property Issues.
Gabriola Community Exchange respects the rights of all copyright holders and in this regard, Gabriola Community Exchange has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gabriola Community Exchange Copyright Agent the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party;
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.