Terms and Conditions of Use
Introduction
Welcome to www.foresthillvillage.ca (“the Site”). The Site is operated by the Forest Hill Village BIA, 439 Spadina Rd. Suite 310, Toronto, ON M5P 3M6 (“the Company”, “we” or “us”), in accordance with these Terms and Conditions of Use (“Terms of Use”).
These Terms of Use govern your use of the Site. By using the Site, whether as a visitor, a registered member (“Member”) or a registered paid subscriber (“Subscriber”), to do any or all of the following, you accept these Terms of Use in full and without reservation.
- browse the Site
- purchase items (“Studio”); or
- use any of the software programs (“Software”) or any services made available through or on the Site, whether by us or our affiliates (the “Services”)
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR THE PRIVACY AND SECURITY POLICY OR OTHER POLICIES, GUIDELINES OR INSTRUCTIONS POSTED ON THE SITE, DO NOT USE THE SERVICES, THE SOFTWARE OR THE SITE.
By using the Site and/or the Services, you warrant and represent that you are of sufficient age under the law of the jurisdiction in which you reside to enter into a binding legal agreement.
Your use of the Site: The Software or the Services use does not give you any authority to act as an agent, legal representative or employee of the Company or of any third party with whom the Company has a relationship, and you agree not to represent that you are otherwise.
Some areas of the Site or content or Services provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the website or content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, license agreement, user agreement or other terms and conditions for a specific area of the website or for specific content download or use, the latter shall have precedence with respect to your access and use of that area of the Site, content or Services.
Your use of any Software is subject to any license agreement or user agreement that accompanies or is included with the Software, the download process and documents that accompany the Software (“License Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through license terms specific to the Software, you may use the software subject to the following: (a) the software may be used solely for your personal, informational, noncommercial purposes; (b) the software may not be modified or altered in any way; and (c) the software may not be redistributed.
All content included on the Site and made available in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads,and data compilations, is the property of the Company or its third party content suppliers and is protected by international copyright laws.
All software used on the Site is the property of the Company's software suppliers and is protected by international copyright laws.
All of the trademarks, service marks, brand and trade names and logos appearing on the Site are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
The Company retains full ownership rights with respect to the Services including but not limited to design, functionality, and documentation. You may not copy, edit, reverse engineer, re-license, sell or reproduce any part of the Services.
The Company acts as publisher of information, articles and promotional items.
Acceptable Use
You may join a marketing group administered by the Company. The marketing group cooperates with members of the group in gathering email contact names and addresses using a permission-based promotional messaging system to deliver community content, advertising and content developed by members of the marketing group, and published by the Company,
- all address information must be submitted to the Company in a prescribed format, including electronic and paper format as determined by the Company, in compliance with all privacy legislation.
Except as permitted under “Presentations, Article and Event Content” below, you must not:
- republish material from the Site in any physical or electronic media or documents (including, but not limited to, republication on another website); however you are permitted to forward articles, events and other Community WebLine content on social media, email attachments or other means to promote the site content,
- sell, rent or sub-license material from the Site;
- edit or otherwise modify any material on the Site;
- redistribute material from the Site – except for Presentations or other content specifically and expressly made available for redistribution, and then only within your organisation
- republish or reproduce any part of the Site through the use of iframes or screenscrapers, unless explicitly permitted.
- use the Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Company or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- conduct any systematic or automated data collection activities on or in relation to the Site without the Company’s express written consent. This includes:
- scraping
- data mining
- data extraction
- data harvesting
- ‘framing‘ (iframes)
- Article ‘Spinning’
- use the Site or any part of it to transmit or send unsolicited commercial communications. Solicited communications are welcomed, provided the site user has complied with the Company’s administrative policies to provide evidence the communication was approved by the receiver. Social media communication of published material from this site is accepted to be an acceptable form of communication.
- use the Site to publish any media content, including photos, videos, brands or images that contravene any copyright law. Should the user of this site contribute media of any sort, make claims or statements that may cause damage to a third party, the contributor warrants to rectify the damage and hold harmless the Company for any legal costs, including the defence costs of the Company, and compensation paid to the wronged party.
Email Opt-In
By signing up to Forest Hill Village BIA newsletter, you agree to receive promotional and other emails from us, and that email addresses submitted to the Company, contain names and contacts of those who have opted in to receive promotional emails published by Forest Hill Village BIA . You may unsubscribe from our mailing lists as required by law via the subscribe options we offer.
Restricted Access
The Company reserves the right to restrict access to certain areas of the Site, or at our discretion, this entire website. The Company may change or modify its access policy without prior notice.
You may become a user of the Site’s Services (a “Member”) or a paid Subscriber. In either case, you will be required to establish a User Account with a Company-provided user ID and password to enable you to access restricted areas of the Site or other content or Services.
You must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
The Company may disable your User Account and your ID and password at the Company’s sole discretion and without prior notice if:
- you violate these Terms of Use
- we believe there has been unauthorized use of your access credentials; or
- you fail to pay any subscription or similar fees or charges associated with the use of the Site, the Services or the Software.
Limitations of Liability
Your use of the Site or Services is at your risk. The Company does not warrant or represent that any content associated with or used in connection with the Site or Services is factual or error-free or that the use of such material will not infringe rights of third parties. The Company does not warrant that the functional aspects of the Site will be error free or that the Site or the servers that make it available are free of viruses or other harmful components. the Company reserves the right to correct any errors on its website. If your use of the Site or other content or services results in the need for servicing or replacing property, material, equipment or data, or results in injury to persons or damage to property, the Company is not responsible for those costs.
Without limiting the foregoing, you acknowledge and agree that everything associated with the Site, and its programs the Software, and the Services are provided “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Forest Hill Village BIA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL CONTAINED ON ITS WEBSITE OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR SERVICES. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, the Forest Hill Village BIA DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SITE OR THE SERVICES.
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, USE, OR PROFITS (WHETHER INVOLVING ALLEGATIONS OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE) AND IRRESPECTIVE OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE AND CONTENT.
Without prejudice to the generality of the foregoing, the Company does not warrant that:
- the Site or the Services will be constantly available, or available at all; or
- that transmission of data to or from the Site will occur at any minimum speed; or
- the information on the Site is complete, true, accurate or non-misleading.
Except as required by law or otherwise provided below:
- to the extent that access to or use of the Site, the Software or the Services is provided to you free-of-charge, the Company shall not be liable to you for any loss whatsoever; and
- if you are a paid Subscriber, liability for direct damages shall be limited to the amount of subscription or other fees paid, but in no event more than CDN$500.
These limitations of liability apply even if the Company has been expressly advised of the potential loss.
Nothing on the Site or in these Terms of Use constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Exceptions
Nothing in these Terms of Use will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Nothing in the Site disclaimer will exclude or limit the liability of the Company in respect of any:
- death or personal injury caused by the negligence of the Company or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of the Company; or
- matter as to which it would be illegal or unlawful under applicable law for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using the Site, you agree that the exclusions and limitations of liability set forth in the Terms of Use above are reasonable. If you do not think they are reasonable, you must not use the Site.
Other Parties
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Site disclaimer will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
Third Party Content
The Company gets some content from third party creators and suppliers who own the rights to that content.
You may display this content, but only on your personal computer and only for your personal or business use. No other type of display is permitted.
Unless you have permission from the creator or supplier, you agree not to download, cache, reproduce, modify, edit, alter or enhance any of its content.
THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Maximum Storage Limit
You acknowledge that the Company may, without prior notice, limit or decrease the maximum storage capacity for each user account.
User Content
In these Terms of Use, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you (or third parties acting at your direction) submit to the Site, for whatever purpose, including but not limited to, creation of Presentations (as defined below).
Unless you (i) are a Member or a Subscriber; and (ii) you expressly label it “Confidential” at the time of submission, by submitting User Content to the Site you grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such User Content, including but not limited to any proprietary, patented, copyrighted or otherwise confidential User Content, in any existing or future media. You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You may not submit any User Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any User Content submitted to the Site, or stored on the servers of the Company, or hosted or published upon the Site. However, the Company does not undertake to monitor the submission of User Content submitted to or published on the Site.
Presentations, Article and Event Content
You acknowledge that you alone are responsible for the content of any visual and/or audio presentations or portions thereof (“Presentations”) that you import to, create, store on or access through use of the Site, the Services and/or the Software.
Your responsibility for the content and appearance of each Presentation includes, but is not limited to, its legality, reliability, appropriateness and originality.
If you are a Member, your Presentations (except for any User Content properly labeled as “Confidential” in accordance with “User Content” above) will be available for any third party to view at a publicly available URL. You acknowledge that third parties may view and have access to your Presentations, and that the Company has no control over third parties’ use of your Presentations. Presentations may be indexed by search engines.
If you elect to become a paid Subscriber, you may also allow your Presentations to be made available publicly. As a paid Subscriber, however, you will have the option to limit access to any Presentation to members of a shared distribution list created and maintained by you in your User Account. It is your sole responsibility to confirm the credentials of members of and otherwise manage the membership of your shared distribution list.
You shall have the right to download any Presentations you create through the use of the Site, the Software and/or the Services and to make such Presentations available on your personal or company website, as applicable. You represent and warrant that the posting of your Presentations and any other use of your Presentations does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person.
As a service provider, artist, or animator creating Presentations for your clients for a fee, you shall have the right to download any Presentations you create through the use of the Site, the Software and/or the Services and to make such Presentations available on your client’s personal or company website, as applicable.
The Company may, without prior notice, terminate or suspend service and/or access to all or any part of the Site or the Service to users whom the Company has in good faith determined have infringed upon the intellectual property rights of others.
Third Party Websites, Services and Products
The Site may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. Any third party links or references are provided solely as a convenience to our users.
The Company:
- does not control or endorse these third party sites and is not responsible for their content.
- does not endorse nor assume any liability for any services or products offered by such sites.
Intellectual Property Rights
The Company’s Rights.
- The Company owns and retains all data on the Site, the Services, and all associated copyrights, trademarks, brands, service marks, patents, object’s library, characters, data, props or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.
- The Company’s trademarks and/or service marks may not, without the Company’s express written consent, be used in connection with any product or service that is not provided by the Company.
Third Party Rights
You may not upload or post to the Site or otherwise use in any way in connection with your use of the Services or the Software any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner’s permission.
Termination
By The Company
The Company may at any time and without notice terminate your User Account in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under these terms of Use.
The Company may also suspend or terminate your access to the Service if you have not accessed it for ninety (90) or more consecutive days. The Company will provide notice of any such suspension or termination.
By You
You may, at any time, terminate this Agreement by notifying the company by e-mail at info@rbnet.ca
You may elect to join another Online Marketing group within the RBN umbrella of participating marketing groups. Email addresses you have provided may be transferred to the new group for continued promotional campaigns.
Effect of Termination
Upon any termination of your access to the Site, the Services and/or the Software:
(a) Your User Account shall be canceled and closed and your User ID and password shall be deactivated;
(b) All Marketplace Items uploaded by you shall be removed from the Service; provided, however, that the Company may continue to use the Marketplace Item for internal archival and reference purposes;
(c) You shall forfeit all right, title and interest in and to any and all Credits; and
(d) The Company will permanently delete your Presentations and User Content.
Termination of your User Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
Suspension.
In lieu of termination, the Company may suspend your User Account at any time and for any length of time. While your User Account is suspended, you may not purchase any additional Marketplace Items or other goods or Services.
However, you may continue to access and use your User Account and any Marketplace Items or other goods or services purchased prior to suspension.
Indemnity
You hereby indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Additional Actions By The Company
Without prejudice to the Company’s other rights under these Terms of Use, if you breach these Terms of Use in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
The Company may revise these Terms of Use from time to time, with or without prior notice. Revised terms and conditions will apply to the use of the Site from the date of the publication of the revised terms and conditions on the Site. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These Terms of Use, together with the Company’s Privacy Policy, constitute the entire agreement between you and the Company in relation to your use of the Site, the Software and the Services and supersede all previous agreements in respect of your use of the Site. We created these website terms and conditions using the TOS/T&C generator available from Privacy Policy Online.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Canada.
PURCHASES
General Terms
You agree to pay the then-current fee for the account type (e.g., Free, Presenter, marketer and Agency) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you signed up. Fees charged for one account type may not be credited towards other account types. All currency references are in Canadian dollars.
Rural Business Network may provide you with the ability to pay the Fees through a service such as PayPal or by invoice and automatic bank debit. All subscriptions paid through these third parties are subject to the third party’s Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
Payment for Subscription
For all for-pay account types, payment occurs on a pre-pay basis and payment will be automatically renewed for the next term, at the end of each term. The amount you are to pay will depend upon which account type you choose. If you choose to cancel a reoccurring payment, you should cancel your account prior to the next billing term. If you do not elect to purchase an additional month/year of service, your account will be suspended
Payment for media and services
On the platform there are some features, sounds, images and library objects that are offered at price that we or our partners set. You will be able to buy those articles and services via your paying account and will be billed to you each time you choose to use the services or other objects.
Fraud Protections
To protect against potential fraud, Forest Hill Village BIA may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Forest Hill Village BIA will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Forest Hill Village BIA with your credit card information, you authorize Forest Hill Village BIA to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
Cancellation and Refund Policy
Please note, unless Forest Hill Village BIA gives notice to the contrary, payment for subscriptions are non-refundable. If you cancel your reoccurring payment option, your account will remain active until next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.
IMPRINT
Forest Hill Village BIA, 439 Spadina Rd, Suite 310,
Toronto, ON M5P 3M6
Tel: 416-488-4819
Email: info@foresthillvillage.ca
