In consideration of your use of the Website, you agree to ensure that your Registration Information and Profile Details are accurate, current and complete, and that you keep all such information (including but not limited to your email address) up to date at all times. TicTalking reserves the right to terminate the membership of any individual whose Registration Information and Profile Details are out of date or cannot be verified for any reason.
You are responsible for maintaining the confidentiality of your password. Keep your password in a secure place and do not allow any unauthorized persons to access the Website using your password. As a member, you are responsible for all activity that occurs under your account. If you suspect that others have knowledge of your password, have accessed your account without consent, or suspect any other security breach, you are expected to report this to us immediately. Access to and use of password-protected areas of the Website is restricted to registered members. Attempting to access the member-only areas of the Website without authorization is prohibited.
All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available on the Website (collectively, the “Content”), are the sole property of TicTalking and/or its licensors. All Content is protected by copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited.
We may offer links on the Website to the websites of third parties. Such links are provided only as a convenience. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
Members may have the opportunity to upload, publish, display or otherwise post information, ideas and opinions on the Website, including links to other websites (collectively, “User Content”). By choosing to access and use the Website and/or by submitting User Content, you represent, warrant and agree that:
1. You will abide by all applicable laws and regulations;
2. You will not upload, post, email, provide a link to or otherwise transmit any User Content that:
a. Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, pyramid schemes or other such forms of solicitation;
b. Infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy right of any party;
c. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, misleading, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or
d. Contains any form of destructive software such as a virus, worm, trojan horse, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
3. You will not:
a. Harvest or otherwise collect or store any information (including personally identifiable information) about any other users or members of the Website except with the express consent of such individuals and as contemplated by use of the Website;
b. For the purposes of misleading others, create a false identity for your membership registration, or the origin of any message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
c. Impersonate any person or entity, including but not limited to employees or representatives of TicTalking, or falsely state or otherwise misrepresent your affiliation with any person or entity;
d. Attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through any means;
e. Interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; or
f. Use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information, or any portion thereof, other than in the context of your use of the Website.
By posting or submitting User Content, you:
1. represent and warrant that you own or otherwise control all rights (including but not limited to copyright and moral rights) in and to the User Content, and that the User Content does not and will not infringe the rights of any third party;
2. grant to TicTalking the unrestricted, irrevocable, perpetual, transferable, worldwide, royalty-free, non-exclusive right to use, aggregate, reproduce, display, adapt, modify, distribute, reformat, translate and edit the User Content that you post to the Website for any purpose whatsoever; and
3. waive all moral rights therein.
You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that TicTalking may retain archived copies of your User Content.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL TICTALKING OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND OTHER LEGAL EXPENSES), EVEN IF TICTALKING OR THE RELEASED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO, WITHOUT LIMITATION, (A) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING THE CONTENT; (B) ANY ERRORS IN, OR OMISSIONS FROM, THE WEBSITE AND THE CONTENT; (C) ANY USER CONTENT POSTED ON THE WEBSITE INCLUDING ANY ERRORS IN, OMISSIONS FROM, OR IDEAS, INFORMATION AND/OR OPINIONS CONTAINED IN USER CONTENT ON THE WEBSITE; (D) ANY THIRD-PARTY WEBSITES, CONTENT AND/OR SERVICES DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM THE WEBSITE; (E) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE; (G) ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER TYPE OF HARMFUL COMPONENT IN CONNECTION WITH THE WEBSITE; OR (H) UNAUTHORIZED ACCESS TO THE WEBSITE BY ANY PERSON, GROUP OR ORGANIZATION.
ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE ARE NOT RESPONSIBLE FOR (I) THE ACTIONS OR INACTIONS, ACTS OR OMISSIONS, OF ANY OTHER USER OF THE WEBSITE OR OTHER THIRD PARTY; OR (II) ANY OFFENSIVE, INAPPROPRIATE, MISLEADING, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN ANY USER CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Except as explicitly stated otherwise or as required by law, you will provide any notices to TicTalking by contacting us in writing at the following address: #303-31 Bastion Square, Victoria BC, V8W 1J1.
By using this Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.