Terms of Use
Acceptance of Terms
Creative Vistas Inc., provide
our Internet site and services offered on or through
this site to you subject to the following Terms
of Service ("TOS"). Your use of the Services
in whole or in part constitutes your binding acceptance
of these TOS. If you do not agree to these TOS,
you should immediately leave this site.
Some Services may be subject
to additional posted rules, policies and terms.
When you use those Services, you and Creative Vistas Inc. shall be subject to those additional conditions,
which are incorporated by reference into these
TOS (and, consequently, form part of your agreement
with us). Other Services may be governed by different
usage terms (for example, sales and service).
In the event of an inconsistency between these
TOS and any additional posted conditions or separate
usage terms, the provisions of the additional
conditions and/or separate usage terms shall control.
Because we may modify all or
any part of these TOS from time to time without
notice to you, you should check back often so
you are aware of your current rights and responsibilities.
Your continued use of a given Service after changes
to the TOS have been published on that Service
constitutes your binding acceptance of the updated
TOS. If at any time the TOS are no longer acceptable
to you, you should immediately cease all use of
the Services.
Description of Services
The Services include a combination
of content that we create and that other third
party content suppliers create. In addition, some
Services provide you and other users with an opportunity
to submit, post, display, transmit and/or exchange
information, ideas, opinions, photographs, images,
video, creative works or other information, messages,
transmissions or material to us.
We adhere to high service and
privacy standards, and use every reasonable effort
to provide informative and relevant content as
part of the Services. You understand that the
Services are provided by Creative Vistas Inc. “AS IS”,
and that Creative Vistas Inc. does not guarantee the accuracy,
integrity or quality of any content available
on or through the Services. In this regard, you
acknowledge that you may not rely on any of this
content, whether created by or submitted to Creative Vistas Inc.,
including, but not limited to, testimonials, case
studies, service descriptions, or Postings on
any bulletin board, chat, news group, community,
forum or other feedback section of the Services
on our site or other sites that may discuss the
Services of Creative Vistas Inc.
You understand that from time
to time, you may communicate with, receive communications
from, or otherwise participate in or use the services
of or from, third parties (e.g., dealers, agents,
suppliers) as a result of your use of Creative Vistas Inc. Services. All such communication, interaction
and participation is strictly and solely between
you and such third party and Creative Vistas Inc. shall
not be responsible or liable to you in any way
in connection with these activities or transactions
(including, but not limited to, any representations,
warranties, covenants, contracts or other terms
or conditions that may exist between you and the
third party, or any goods or services you may
purchase or obtain from any third party). In particular,
the appearance or availability of links to third
party sites on or through the Services does not
constitute an endorsement by Creative Vistas Inc. with
respect to the content, advertising, products,
or other materials available on or from such sites.
You further understand and agree that the Services
may include certain communications from Creative Vistas Inc. (such as administrative messages and newsletters),
and that these communications are considered part
of the Service and you may opt out of receiving
them at any time. Unless explicitly stated otherwise,
any new features that augment or enhance the current
Services shall be subject to the TOS.
General Rules of Conduct
Your use of the Services is subject
to all applicable local, provincial, state, national
and international laws and regulations, and you
agree not to violate such laws and regulations.
In addition, you agree that:
- you will not interfere with
another member's use and enjoyment of the Services;
- you will not interfere with
or disrupt the security measures of the Services;
- you will not interfere with
or disrupt networks connected to the Services,
and will comply with all regulations, policies
and procedures of such networks; and
You further agree that you will
not use the Services to:
- send or result in the transmission
of junk e-mail, chain letters, duplicative or
unsolicited messages, or so-called "spamming";
- promote or generate revenue
for any business or commercial purposes, whether
or not for a charge or through linking with
any other web services or pages, unless authorized
by Creative Vistas Inc.
- intentionally or unintentionally
violate any applicable local, provincial, state,
national or international law.
Creative Vistas Inc. Proprietary Rights
All Services software, design,
text, images, photographs, illustrations, audio
and video material, artwork, graphic material,
database, proprietary information and all copyrightable
or otherwise legally protectible elements of the
Services, including, but not limited to, the selection,
sequence and 'look and feel' and arrangement of
items, and all trademarks, service marks and trade
names, excluding any of your Postings (individually
and/or collectively, "Material"), are the
property of Creative Vistas Inc., its subsidiaries, affiliates,
licensors or suppliers and are legally protected,
without limitation, under Canadian Federal and
Provincial regulations and treaties. The compilation
of all content on this site is the exclusive property
of Creative Vistas Inc.. You may not reproduce, modify,
create derivative works from, display, perform,
publish, distribute, disseminate, broadcast or
circulate to any third party (including, without
limitation, on or via a third party web site),
or otherwise use, any materials contained on the
Services without the express prior written consent
of Creative Vistas Inc. Inc. or its owner if Creative Vistas Inc. is not the owner. In particular, you may not frame
any Material without the express prior written
consent of Creative Vistas Inc. or the Material owner.
You must not alter, delete or
conceal any copyright or other notices contained
on the Services, including notices on any Material
you download, transmit, print or reproduce from
the Services. Any unauthorized or prohibited use
of any Material, may subject you to civil liability
or criminal prosecution, or both, under applicable
federal and provincial laws. You further agree
not to access the Service by any means other than
through the interface that is provided by Creative Vistas Inc. for use in accessing the Service.
Indemnification
You hereby agree to indemnify,
defend and hold Creative Vistas Inc., its
subsidiaries, parent corporation and affiliates,
and all of their respective officers, directors,
owners, employees, agents, licensors, representatives,
licensors and suppliers (collectively, the "Creative Vistas Inc. Parties"), harmless from
and against any and all liability, losses, expenses,
damages and costs (including attorneys' fees),
incurred by any Creative Vistas Inc. Party in connection with
any claim arising out of your use of the Services,
any use or alleged use of the content you submit,
post, transmit or make available through the Services,
your violation of these TOS, your connection to
the Services, or your violation of the rights
of any other person or entity.
Creative Vistas Inc. reserves the right
to assume, at its sole expense, the exclusive
defense and control of any claim, action or other
matter for which you are required to indemnify
us, and all negotiations for settlement or compromise
thereof, and you agree to fully cooperate with Creative Vistas Inc. in the defense of any such claim,
action, settlement or compromise negotiations,
as requested by Creative Vistas Inc..
Disclaimers of Warranties
THE SERVICES, AND MATERIALS,
PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE
THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED
OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES,
FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM
AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED.
IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without
limiting the foregoing, Creative Vistas Inc. is not responsible
or liable for any malicious code, delays, inaccuracies,
errors, or omissions arising out of your use of
the Services. As between you and Creative Vistas Inc.,
you are assuming the entire risk as to the quality,
accuracy, performance, timeliness, adequacy, completeness,
correctness, authenticity, security and validity
of any and all features and functions of the Services,
including, without limitation, postings and materials
associated with your use of the Services. Under
no circumstances shall any Creative Vistas Inc. Party be
liable for any loss or damage caused by your reliance
on information obtained through the Services.
It is your responsibility to evaluate the information,
opinion, advice, or other content available through
the Services.
Limitation of Liability
IN NO EVENT SHALL A Creative Vistas Inc. PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE,
FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF
THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL
OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE
OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL
OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF,
OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH Creative Vistas Inc. PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION
WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT
THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN
THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES,
YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY
OF ANY Creative Vistas Inc. PARTY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED
ONE HUNDRED DOLLARS ($100.00).
Notwithstanding any claim that
a sole or exclusive remedy which is provided in
this agreement may or does fail of its essential
purpose, you specifically acknowledge and agree
that your sole and exclusive remedy for any loss
or damage shall be to have Creative Vistas Inc., upon written
notice from you to us, attempt to repair, correct
or replace any deficient Service and, if repair,
correction or replacement is not reasonably commercially
practicable for Creative Vistas Inc., in its sole discretion,
to refund any monies actually paid by you for
the Service involved and to terminate and discontinue
your use of the Services.
Miscellaneous
Entire Agreement. These
TOS, including the policies referred to in these
TOS, constitute the entire agreement between you
and Creative Vistas Inc.. and govern your use of the Services,
superceding any prior agreements between you and Creative Vistas Inc.. As noted above, you also may be subject
to additional terms and conditions that may apply
when you use or purchase certain other Creative Vistas Inc. services, affiliate services, third-party content
or third-party software. These TOS cannot be changed
or terminated orally.
Notice. We may be required
by provincial or federal law to notify you of
certain events. You hereby acknowledge and consent
that such notices will be effective upon our posting
them on or through the Services or delivering
them to you through postal mail or email. You
may update your postal and email address by visiting
the Services where you have provided contact information.
If you do not provide us with accurate information,
we cannot be held liable if we fail to notify
you. You have the right to request that we provide
such notices to you in paper format, and may do
so by contacting Creative Vistas Inc. by email, telephone
or fax as indicated on this site via our Contact
page.
Assignment. You agree
that the TOS may be automatically assigned, in
whole or in part, by Creative Vistas Inc. or its affiliate
to a third party, in our sole discretion, in connection
with a merger, acquisition, reorganization or
sale of substantially all of our assets, in whole
or in part.
Choice of Law and Forum. The formation, construction and interpretation
of this agreement shall be controlled by the laws
of the Province of Ontario, Canada giving no effect
to choice of law provisions. The U.N. Convention
of Contracts for the International Sale of Goods
is expressly excluded from any interpretation
of this Agreement. Any dispute relating to this
agreement shall be subject to the exclusive jurisdiction
of the provincial and federal courts Ontario,
Canada, and the parties agree to submit to the
personal and exclusive jurisdiction of these courts.
No Third Party Beneficiaries. You agree that, except as otherwise expressly
provided in this TOS, there shall be no third
party beneficiaries to this Agreement.
Waiver and Severability of
Terms. The failure of Creative Vistas Inc. to exercise
or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected
in the provision, and the other provisions of
the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law
to the contrary, any claim or cause of action
arising out of or related to use of the Service
or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever
barred.
Violations
Creative Vistas Inc. respects the intellectual
property of others, and we ask our users to do
the same. If you believe that content you own
has been copied and made accessible in a manner
that violates your intellectual property rights,
we ask that you bring Service problems to our
attention. Canadian residents may also contact
Office of Consumer Affairs, Industry Canada, 235
Queen Street, C.D. Howe Building, Ottawa ON K1A
0H5, Fax: (613) 952-6927, E-mail: OCA.strategis@ic.gc.ca.
For questions about terms of
service, the practices of this site or any dealings
with Creative Vistas Inc. contact us by mail, email, telephone
or fax as indicated on our contact page |
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