WEB SITE TERMS & CONDITIONS OF USE
AVSFORUM.COM is owned and operated by VerticalScope Inc. of Toronto, Ontario.
AVSFORUM.COM reserves the right to change these terms and conditions at any time, and you agree that each visit you make to AVSFORUM.COM shall be subject to the current terms and conditions as published on our website at www.AVSFORUM.COM (the ‘Web Site’)
By accessing AVSFORUM.COM you are agreeing to be bound by these Web Site Terms & Conditions of Use and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to AVSFORUM.COM shall be governed by the laws of the Province of Ontario, Canada. The materials contained on the Web Site are protected by applicable copyright and trademark laws.
Electronic forums such as email distribution lists, web-based forums, and classified advertising lists that may be provided by AVSFORUM.COM have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. You may not use the Web Site to impersonate another person or misrepresent that you have authorization to act on behalf of AVSFORUM.COM or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users. email accounts, or any other attempt at ‘hacking’, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
Disclaimer and Limitation of Liability
Throughout the Web Site we have provided links and pointers to Internet sites maintained by third parties, sometimes through third party advertisements. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any information, products or services that third parties may provide on or through the Web Site or on websites linked to by us on the Web Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Web Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Web Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Web Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Certain sections of the Web Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Web Site or on a site linked to by the Web Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Web Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Web Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Web Site. You agree to use the Web Site and to purchase services or products through the Web Site for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
In no event shall AVSFORUM.COM or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on the Web Site even if AVSFORUM.COM has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other electronic forums conducted on the Web Site are not necessarily those of AVSFORUM.COM or its service providers, affiliates, associates, subsidiaries or partners and AVSFORUM.COM makes no representations or warranties regarding that information or those opinions. Neither AVSFORUM.COM or its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
AVSFORUM.COM hereby grants you a limited license to view on your computer, print, or download any content made available on the Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person.s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of AVSFORUM.COM or any other party who owns or has proprietary rights to the content, information and materials provided on the Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by AVSFORUM.COM or by other parties that have licensed their material to AVSFORUM.COM. Material from this Web Site or from any other web site owned, operated, licensed or controlled by VerticalScope Inc. may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes and Improvements
AVSFORUM.COM may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on the Web Site including the terms and conditions of your use of this Web Site, without liability.
Due to the nature of the Internet, it is not possible for AVSFORUM.COM to restrict access to its web site only to those jurisdictions in which it does business. Some or all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from AVSFORUM.COM. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
AVSFORUM.COM offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that AVSFORUM.COM intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained on the Web Site are presented solely for the purpose of providing information to persons primarily located in Ontario, Canada. This site is controlled and operated by VerticalScope Inc. from its offices in Toronto, Ontario, Canada. AVSFORUM.COM makes no representation that any of the materials contained in the Web Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada and users of the Web Site irrevocably attorn to the jurisdiction of the courts of the Province of Ontario. Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
AVSFORUM.COM appreciates and respects the privacy concerns of the visitors to its web site. Certain information may be recorded by VerticalScope Inc. and AVSFORUM.COM as a matter of course by AVSFORUM.COM.s servers in order to track the number of visitors to the Web Site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers may include the browser and operating system in use by the visitor and the domain name of the visitor.s Internet service provider. Collecting this information allows AVSFORUM.COM to optimize the visitor.s web site experience. E mail addresses and other personally identifiable data about visitors to this site are known to AVSFORUM.COM only if and when voluntarily submitted by the visitor, for example through the registration process. All personal information collected by AVSFORUM.COM is retained by VerticalScope Inc. and/or AVSFORUM.COM, and not sold or otherwise provided to third parties, unless there is a disposition of AVSFORUM.COM or of part or all of VerticalScope Inc..s business. AVSFORUM.COM sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided AVSFORUM.COM with their email addresses. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties, notwithstanding that this is expressly prohibited by these Terms and Conditions of Use.
Many of AVSFORUM.COM’s web pages may place a ‘cookie’ in the browser files of a visitor’s computer. The cookie itself may not contain any personal information. Although cookies may enable AVSFORUM.COM to relate a visitor’s use of the Web Site to information that the visitor may have specifically and knowingly provided, AVSFORUM.COM does not do so for any sites specifically designed for and aimed at children. AVSFORUM.COM believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.
By posting/sending a message in any public electronic forum on the Web Site, you agree to have that message along with your name and/or user name posted for public viewing both here and in other promotional and advertising materials and on other VerticalScope Inc. web sites, without compensation. AVSFORUM.COM does not undertake to necessarily post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of AVSFORUM.COM or VerticalScope Inc. You may copy the posted messages for personal use, but redistribution in any way requires the written permission of AVSFORUM.COM. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
You represent and warrant that: (i) you own the content posted by you on or through the Web Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree to grant to AVSFORUM.COM a non exclusive, royalty free, worldwide, irrevocable, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of AVSFORUM.COM or which you provide by email or any other means to AVSFORUM.COM and in any media now known or hereafter developed. Further, you grant to AVSFORUM.COM the right to use your name and or user name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, together with use on any other VerticalScope Inc. web sites. You agree that you shall have no recourse against VerticalScope Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to AVSFORUM.COM.
In order to maintain an informative and valuable service that meets the needs of the users of the Web Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
You may not:
- Restrict or inhibit any other user from using and enjoying the Web Site.
- Use the Web Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Web Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web Site.
- Use the Web Site to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person.
- Gain unauthorized access to the Web Site, or any account, computer system, or network connected to this Web Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web Site.
- Use the Web Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law.
- Use the Web Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Web Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Web Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Web Site to advertise or solicit to anyone to buy or sell products or services, to cease using the Web Site, to visit another competing Web Site, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
You agree to indemnify AVSFORUM.COM and VerticalScope Inc. and each of its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Web Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions of Service. We also reserve the right to deny access to the Web Site or any features of the Web Site to anyone, for any reasons, including as a result of persons who violate these Terms and Conditions of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
Copyright Infringement Policy
AVSFORUM.COM and VerticalScope Inc. reserve the right, but not the obligation, to terminate your license to use the Web Site if determined in the sole and absolute discretion of AVSFORUM.COM or VerticalScope Inc. that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. AVSFORUM.COM and VerticalScope Inc. accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, AVSFORUM.COM and VerticalScope Inc. have implemented procedures for receiving written notification of claimed infringements and for processing such claims. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Web Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending a written complaint that complies with the requirements below to our designated agent by registered mail or courier:
VerticalScope Legal Department
111 Peter Street, Suite 700
mailto: [email protected]
Please include the following information in your written notice regarding any defamatory, or infringing activity, whether of a copyright, patent, trademark or other proprietary right: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Web Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Upon the receipt of written notice compliant with the requirements set out above, it is the policy of AVSFORUM.COM and VerticalScope Inc. to remove the allegedly infringing material from the Web Site.
AVSFORUM.COM and VerticalScope Inc. will deny access to the Web Site or any features of the Web Site to anyone who is the found to be the source of allegedly infringing material and after a warning from AVSFORUM.COM, continues to post allegedly infringing material.
To use certain features of the Web Site, you will need a username and password, which you will receive through the Web Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
The Web Site may include certain classified advertising services. When you submit a classified ad for publication on the Web Site, you agree that the advertisement as it appears on the Web Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Web Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications, if any, are subject to change.
We may cancel or terminate your right to use the Web Site or any part of the Web Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Web Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Web Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.