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Terms of UseIMPORTANT: This is a legal agreement between the Users of this Site and vu247.com, the owner of this web site (hereinafter called the "Company"). By registering for this Site, and / or by installing a data feed of the information offered by the Company, you acknowledge that you have read this Agreement, understand it, and agree to be bound by the Terms of Use. You also agree that this is the full and complete agreement between the parties, superseding all prior written or verbal agreements. GeneralThese terms and conditions apply to all users and registrants of products and services from the Company and its subsidiaries. DefinitionsWhen reading these Terms of Use:"Company" means vu247.com Inc., a federally incorporated company with its headquarters in Canada. "User" means a person:
"Site" means the web properties of the Company, including vu247.com, and the vu247.com widget portion of any other third party site that accepts the event data feed from the Company. "Syndicator" means a person or organization that is registered to accept a data feed of event information to their site. "Private" means Content created within the vu247.com system which is to be displayed only on the Content Provider's web site and not to be displayed on vu247.com. AcceptanceBy accessing and browsing this Site, the User accepts, without limitation or qualification, the Terms and Conditions contained herein and all applicable laws. The Company may at any time revise these Terms of Use by updating this posting. The User agrees to be bound by such revisions, and the User should periodically revisit this page to review the then current Terms of Use. RegistrantsIn order to post comments, or to obtain a data feed of event information, a User must register at vu247.com and create a user name and a password. The User represents and warrants that they will not use false identification or e-mail addresses or otherwise give misleading information about their identity or the origin of any message, and not attempt to prevent or hinder the use of vu247.com by other users. The User agrees to take responsibility for the safekeeping of their user name and password. The User is liable if their user name or password is used by an unauthorized person. The User agrees to release and indemnify the Company in connection with any use (whether authorized or unauthorized) of their user name or password. The Company may suspend or cancel a User's account at any time without prior notice. Grant of LicenseUpon a successful registration and acceptance of the registration by the Company, Users are granted a License Agreement which permits Users to post events, comments and reviews of event information; and to place event information on their web site or third party web sites, depending on the type of registration; and to post event information as a Content Provider. Content ProvidersAfter obtaining an account with a user name and password, Content Providers may provide the Company and its re- publishers and syndicators with information, material and content (hereinafter referred as the "Content"), and the Content Provider will be responsible for all Content it places on the Company's and its linked web sites. The Company does not have the opportunity to review the Content before or after the Content is provided, and the Company assumes no liability for the Content. ContentThe Company has the right, but not the obligation, to monitor the Content on vu247.com and has the right not to publish any Content provided by a Content Provider, or to remove or replace any Content on vu247.com at any time, at its sole discretion without notifying the Content Provider in advance thereof, if the Company has reason to suspect that the Content is:
The Company will use commercially reasonable efforts to exclude this type of material as soon as feasible upon receipt of notice of the existence of such Content. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. The Content Provider can provide information, material or content for display in vu247.com and for re-publishing on other web sites. The Content Provider grants to the Company a royalty-free and perpetual right to use, disseminate, publish, copy, reproduce and distribute any Content placed by it on vu247.com. This right of use of the Company shall also include the right to change, develop and translate the Content provided by the Content Provider and to use it within the right of use stated above. The Company also has the right to modify the appearance, structure, Content or other material at any time without notifying the Users or the Content Providers in advance. The Company also has the right to add a hyperlink saying "Powered by vu247.com" to all calendar widgets and web service feeds to third party sites, and the User will not remove this hyper-link. The Company will not disseminate, publish, copy, reproduce and distribute other than to the Content Provider any Content placed on vu247.com that is marked "Private". Copyright in the Content shall be retained by the Content Provider. The Content Provider warrants they will not provide Content to the Company without first ensuring that the Content does not contain computer viruses or other such debilitating software programs, and not provide Content to the Company or other Sites that:
Orders for ServiceAll orders placed through this Site are subject to confirmation and acceptance by the Company. The Company may vary prices in the event of price changes or mistakes on reasonable prior notice to the account holder. If the Company requests payment for increased prices, the User may cancel the order by giving notice to accounts@vu247.com, which must be received within seven days of the announcement of the increase. BillingThe Company uses Pay-Pal as a merchant service. Accounts are billed to the Registrant's credit card at the time of a purchase being made online. The account holder may see Pay-Pal or the name vu247.com on their credit card statement. All prices are listed in US dollars for purchase made. All purchases will be billed and will be charged in US dollars. The User acknowledges and agrees to pay the amount billed to the User's credit card after calculation of the currency exchange rate on the date that the credit card payment was made. Refunds and CancellationsOnce the service from the Company has commenced, the service is non-refundable except as stated below. The Company will provide a 10 day money back guarantee for the products and services that are bought online and will only refund money paid. The Company cannot guarantee that the Registrant's business will be successful and cannot refund a purchase of a product or service after it is placed live on a web site. In order to be eligible for the money back guarantee, the Company must be notified within 10 days. All cancellations must be submitted by E-Mail to the Company's Billing Department at accounts@vu247.com. Upon receipt of a cancellation request, the User will be given a reply e-mail with a cancellation ticket number as proof of cancellation. Should there be a dispute, the Company will require the ticket cancellation number and will only honor cancellations with a valid ticket number. Non-transferableRegistration for an account is for single client use only, and is not transferable. No LiabilityThe information contained on the Company's Site is provided "as is" without warranty of any kind, either express or implied, including without limitation, as to the accuracy of or non-infringement of property rights in the content, whether or not the Company has been given notice of any such defect. The User assumes the entire risk as to the accuracy of and the use of this Site and any information that is linked to. The Company, its directors, officers, employees and suppliers are not liable in contract or otherwise for any direct, indirect, or consequential loss or damage of whatever nature sustained by a User or others directly or indirectly as a result of making use of this Site and the data in it. In using this Site, Users expressly waive any and all claims that they may have against the Company, its directors, officers, employees and suppliers arising out of such use, and agree to indemnify the Company against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever incurred by the Company as a result of a breach of these Terms of Use by a User. Copyright and TrademarksThe User should assume that everything they see or read on this Site is copyrighted unless otherwise noted. The copyright in this Site and the underlying files and data, which implement the features of the pages, are the property of the Company and its licensors unless otherwise stated. The reproduction or use of part or all of the content of this Site in any way (including without limitation viewing, downloading, printing and saving) is prohibited except in accordance with the following conditions:
Anything the User transmit to the Company by electronic mail or otherwise or post becomes the property of the Company or its affiliates and may be used for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. The Company is free to use any ideas contained in any communication sent to it for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. The trademarks, logos, and service marks (collectively the "trademarks") displayed on this Site are registered and unregistered trademarks of the Company and others. Use of the trademarks displayed on the Site is strictly prohibited without written permission. The Company reserves the right to revoke these permissions at anytime without reasonable notice. LinkingUsers may link to this Site provided that they notify the Company in writing and agree to remove such link immediately upon request by the Company to do so. Users may not link to this site in a way that result in this site being displayed in a frame on their site if the framing obscures any of the content of the page being framed. Confidential InformationThe User acknowledges that information contained in this Site may be proprietary and confidential to the Company and its users. The User agrees that it will not disclose, directly or indirectly data to third parties other than that as required carrying out the purposes of this agreement. PrivacyThe Company fully respects the right to privacy, and will not collect any personal information about Users without their clear permission. Any personal information which is volunteered by a User will be treated with the highest standards of security and confidentiality, strictly in accordance with current Canadian provincial and federal privacy acts. The Company does not collect any personal data apart from information which is volunteered. Any personal information which is provided in this way is not made available to any third parties, save as required by law, and is used by the Company only in line with the purpose for which you provided it. No endorsementReference to any product, process, publication, or service of any third party by trade name, trademark, and manufacturer advertisement or otherwise does not constitute or imply the endorsement or recommendation of such by the Company. Acceptable UseThe User agrees not to use the Site so as to violate any law, or to misuse the proprietary information or property of others for his or her own purposes or otherwise, and not to make postings which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, the User shall not do any of the following or permit any of the User's authorized persons, or other third parties to do any of the following:
The Company considers the above practices to constitute abuse of the Service and of the recipients of such unsolicited mailings or postings or both, who often bear the expense. Engaging in one or more of these practices may result in termination of the User's account. The Company may restrict access to vu247.com, in whole or on part for unauthorized use. Nothing contained in this policy shall be construed to limit the Company's actions or remedies in any way with respect to any of the foregoing activities, and the Company reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, all rights and remedies available to it at law or in equity. TerminationThe Company may terminate a User immediately without notice in the event of a breach of these Terms of Use. NoticeThese Terms of Use were modified on the 1st day of August, 2008 and are valid until further notice. Should you have any questions concerning these Terms of Use, you may contact the Company by email to reply@vu247.com. Applicable LawThe User agrees that the laws of Canada apply to any issue that may arise with the Company regarding this Site, and to settle such dispute in the federal courts of Canada. | |||
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