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Welcome to lionsbay.net. Concentric Industries ("CI")
provides the lionsbay.net web site (LB) and web pages (collectively the
“Site”), photos, graphics, video, or audio presented (collectively the
“Content") as a private service.
CI also provides all LB users with a variety of information, products,
services, tools and resources including, but not limited to groups,
newsletters, polling, blog and information found through links to other websites
(the "Services").
Your access and use of the Site and the Services is subject to the following
terms of use.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE
ACCESSING AND USING THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF USE (THE "TERMS") AND THAT YOU
ACCEPT AND WILL BE BOUND BY THE TERMS.
Description of Services
You understand and agree that CI provides a venue for the Services solely as a
business service. As result, the Site, the Services and the Content are
provided on an "AS-IS" basis and CI assumes no responsibility for the
timeliness, unavailability, deletion or mis-delivery of the Services.
Changes to Terms of Use
From time to time, it may become necessary for CI to change these Terms.
Accordingly, you agree that CI hereby may change these terms at any time and
from time to time without further notice to you. In the event of such a change,
all changes to the Terms shall take effect upon the notice of change being
posted on this Site. You are responsible for regularly reviewing the Terms, and
your use of the Site following the posting of any such change to the Terms
constitutes your acceptance of such changes.
You agree that CI shall not be liable to you or any third party for any changes
to, or suspension or discontinuation of the Service.
Unless otherwise expressly provided, any new features that augment or
enhance the current Site or Services shall also be subject to the Terms.
Use of Site
CI grants you a non-exclusive, non-transferable, limited license to view or
print a single copy of the individual screens you see when you use the Site and
the Services without alterations and solely for your personal, non-commercial
use (the “License”). You agree not to distribute or transfer copies to others
in exchange for money or other consideration. You may not and you agree not to
modify, reformat, copy, display, distribute, transmit, publish, license, create
derivative works from, transfer or sell any information, products or services
obtained from the Site or the Services. You agree not to sub-license, assign,
or convey the License or any rights granted out of the License.
Except for allowing you to use the Site and the Services for your personal use
in the manner described above, you agree that you are not receiving a transfer,
license or any other rights from CI or its third party providers including,
without limitation, any intellectual property or other proprietary rights of CI
or any of its third party providers.
YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS TO THE SITE, THE SERVICES OR THE
CONTENT OR ANY OTHER PROPERTY OF CONCENTRIC AND ITS THIRD PARTY PROVIDERS EXCEPT
AS EXPRESSLY PROVIDED IN THESE TERMS.
Intellectual Property Ownership
The Site, the Services and all CI Content thereon is and shall continue to be
owned exclusively by CI or its third party content providers and is protected
under applicable Canadian and international copyrights, patents, trade-marks,
trade dress and other proprietary rights. Content contributed to the Site by you is your Intellectual Property. You grant a non exclusive and royalty free license to CI to publish your Content on the Site and in the CI Lions Bay Community News print publication when you submit your Content to the Site.
CI, lionsbay.net, and other trade marks, trade names, logos, service marks and
other names identifying CI, the Site, the Services or the Content and third
parties are the trade-marks of CI and its third party providers (content
contributors or otherwise) (the "Marks"). Without the prior written
permission of CI or its third party providers (content contributors or
otherwise) (as applicable) you agree not to display or use the Marks in any
manner.
Right to Regulate
You agree that you must evaluate and bear all risks associated with the use of
Content from the Site and the Services including, without limitation, any
reliance on the accuracy, completeness or usefulness of such Content.
You acknowledge that the technical processing and transmission of the Site and
the Services including any Content you may provide may involve: (i)
transmission over various networks of computers which may be controlled by
third parties; (ii) changes to your Content to conform to and adapt to
technical requirements of connecting networks or devices. Accordingly, you
agree that in no event will CI be responsible for lapses in online security and
that CI does not assume liability for improper use of your Content or any
content.
Access to Site
You are responsible for obtaining access to the Site and the Services. You
acknowledge that such access may involve establishing an account with an
internet service provider and that you will be responsible for any third party
fees associated with such access (such as internet service provider or airtime
charges). In addition, you must provide and are responsible for all equipment
(including computer, modem and other communication devices) and software necessary
to access the Site and use the Services.
Use by minors
Parents or legal guardians are solely responsible for supervision of anyone
under the age of 18 years that attempts to access and use the Site or the
Services. CI is not responsible for the Content contained on the Site or
obtained through the Services. You agree that CI and its third party providers
(content contributors or otherwise) have no obligation to monitor or regulate
the Site, the Services or the Content. However, CI reserves the right to take
such action it deems appropriate if it becomes aware of inappropriate use of
the Site.
Disclaimer of Products or Services
You understand that, except for information, products or services clearly
identified as being supplied by CI, CI does not operate, control or endorse any
information, products or services on the Site or obtained through the Services.
Except for CI-identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are
offered by third parties. References made to any specific products, process or
service by any means does not constitute or imply an endorsement or
recommendation thereof. You also understand that CI cannot and does not
guarantee or warrant that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You agree that you are
responsible for implementing sufficient procedures and safeguards to satisfy
your particular requirements for accuracy of data input and output, and for
maintaining a means external to the site for the reconstruction of any lost or
corrupt data.
International Use
You acknowledge the global nature of the Internet and hereby agree to comply
with all local rules regarding online conduct and acceptable Content. You agree
to comply with all applicable laws regarding the transmission of technical data
exported from Canada
or the country in which you reside.
Indemnity
You agree to indemnify and hold CI, and its members, subsidiaries, affiliates,
officers, directors, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable legal fees, made by any
third party due to or arising out of: Content you submit, post, transmit or
make available through the Services; your use of the Services; your connection
to the Services; your violation of the Terms; or your violation of any rights
of another.
Links
The Site or the Services may contain or provide, or third parties may provide,
links to other World Wide Web sites or resources. Since CI has no control over
such sites and resources, you acknowledge and agree that CI is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that CI shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
Forums, Message Boards, Bulleting Boards, Discussion Groups, Chat Rooms, Blogs, Comment Tools The Site may provide public forums such as message
boards, bulletin boards, discussion groups or chat rooms, comment tools and blogs. Participation in these public forums will require you to become a Registered Member of the Site. You understand that CI reviews all submissions to public forums prior to posting. You agree that CI has the sole right to publish or not pubmish any submission to the Site.
Privacy
You acknowledge that you have read the CI Privacy Policy, the terms of which
are incorporated herein by reference, and you agree that the terms of such
policy are reasonable. You consent to the use of your personal information in
accordance with the terms of and for the purposes set forth in the CI Privacy
Policy .
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. CI EXPRESSLY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES,
REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
CI MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii)
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE
CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL
BE ACCURATE, RELIABLE, USEFUL OR COMPLETE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THE SITE IS OR WILL BE
COMPATIBLE WITH ANY SOFTWARE YOU USE IN CONJUNCTION WITH THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CI, THE
SITE, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION
OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CI SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF CI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties,
representations or conditions or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of the above limitations
may not apply to you.
Notices
Notices to you may be made via either email or regular mail. CI may also
provide notices of changes to the Terms or other matters by displaying notices
or links to notices to you generally on the site or through the Services.
Miscellaneous
Governing Laws. These Terms shall be governed by and interpreted in accordance
with the laws of the Province of British Columbia and the laws of Canada
applicable therein. You irrevocably submit to the exclusive jurisdiction of the
courts of the Province
of British Columbia.
Equitable relief. You acknowledge that any breach by you of the provisions of
these Terms will cause irreparable damage to CI or others and that a remedy at
law will be inadequate. Therefore, in addition to any and all other legal or
equitable remedies, CI and others will be entitled to injunctive relief for any
breach of these Terms.
Severability. Any provision hereof which is prohibited or unenforceable shall
be ineffective only to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof.
Entire Agreement. These Terms and any additional terms that are incorporated by
reference herein from time to time constitute the entire agreement between you
and CI pertaining to the subject matter hereof. You agree to review these Terms
prior to any use of the Site, and each Site use by you shall constitute and be
deemed to be your unconditional acceptance of these Terms.
Survival of certain provisions. All provisions or obligations contained in
these Terms which by their nature or effect are required or intended to be
observed, kept or performed after termination of these Terms will survive the
termination of these Terms and remain binding upon and for the benefit of the
parties, their successors and permitted assignees.
Waiver. No delay or omission to exercise any right or remedy accruing to CI
upon any breach or default by you shall constitute a waiver by CI or any breach
or default. No waiver by CI shall be deemed to have been made unless expressed
in writing and signed by CI.
Headings. The division of these Terms into article, sections, paragraphs and
other divisions and the insertion headings are for convenience of reference and
shall not affect the construction or interpretation hereof.
No agency. You and SC are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by these Terms.
Conflicts. If these Terms conflict with a provision of any other contract
between you and SC relating to the Site, the provision of such other contract
shall govern, but only insofar as is necessary to resolve such conflict.
Privacy
You acknowledge that you have read the CI Privacy Policy, the terms of which
are incorporated herein by reference, and you agree that the terms of such
policy are reasonable. You consent to the use of your personal information in
accordance with the terms of and for the purposes set forth in the CI Privacy
Policy.
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