Terms and Conditions: members
Last updated: August 17, 2016
Definition and Purpose
Welcome to TODAYVILLE.COM, an online community portal (hereinafter, the “Portal”) created and made available by Todayville Inc. ( hereinafter referred to as “Todayville”, “we”, “our”, or “us”). The Portal connects its members (hereinafter referred to as “Members” or “you”) with customers and citizens of the broader community.
Binding effect of terms and conditions
These terms and conditions (“Terms and Conditions“) govern your relationship with the Portal.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO TODAYVILLE AND THE PORTAL.
By accessing or using the Portal, you indicate that you have read these terms and conditions (“Terms and Conditions“) and agree to be bound by them. We may, at our sole discretion, modify, add, or remove all or portions of these Terms and Conditions at any time for any reason, without notice. By continuing to use the Portal after such changes you indicate your acceptance of any new Terms and Conditions. It is your responsibility to regularly review the Portal’s Terms and Conditions and any changes contained therein. If you do not accept these Terms and Conditions, or any future Portal Terms and Conditions, do not use or continue to use the Portal.
Rights in Portal Content
The Portal’s graphics, designs, pictures, video, text, information, applications, software, music, sound and any other files, including their selection and arrangement (the “Portal Content“), are the property of Todayville with all rights reserved. Nothing in these Terms and Conditions confers or shall be construed as conferring to you any license to the Portal’s intellectual property rights. Consequently, unless Todayville’s written permission is obtained, no Portal Content may be copied, modified, distributed, reproduced, republished, displayed, downloaded, transmitted, posted or reposted, or sold in any form, in whole or in part.
ANY USE OF THE PORTAL, OTHER THAN AS SPECIFICALLY AUTHORIZED HEREIN, WTIHOUT THE WRITTEN PERMISSION OF TODAYVILLE IS STRICTLY PROHIBITED AND MAY RESULT IN THE TERMINATION OF YOUR MEMBERSHIP.
The Portal Content is the trademarks, trade dress, or otherwise the intellectual property of Todayville and may not be used, personally or commercially, in any manner that may cause confusion, and may not be copied, imitated, or used, in whole or in part, except as otherwise expressly authorized by Todayville.
YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT AND WEB MATERIAL THAT YOU UPLOAD, PUBLISH, DISPLAY, OR POST, ON OR THROUGH THE PORTAL, INCLUDING CONTENT YOU SHARE WITH OTHER MEMBERS, PORTAL CUSTOMERS, AND PORTAL VISITORS.
You represent and warrant that your use of the Portal will not violate or infringe upon the rights of any other Members, customers, visitors, and/or third parties, including and especially the trademark, copyright, privacy, or other personal or proprietary rights of those parties. You further represent and warrant that you will not use the Portal to upload, publish display, post, or promulgate in any way harmful, abusive, threatening, harassing, defamatory, libelous, obscene, profane, vulgar, hateful, racially, ethnically or otherwise objectionable or unlawful material of any kind, including, but not limited to, any material which is or encourages conduct which is in violation of any laws, the rights of any third parties, policies of the Portal, and/or the spirit of the Portal’s policies, including but not limited to the use or employment of profanity and Internet trolling.
Further, and without limiting the foregoing, you agree not to use the Portal to:
- upload, post, transmit, share, store or otherwise make available, directly or indirectly, any:
- content that we deem in our sole discretion to be objectionable;
- content which restricts or inhibits any other person from using or enjoying the Portal;
- content which may expose the Portal or its users to any harm or liability of any type, including information which may be defamatory or false;
- content which is otherwise is contrary to these Terms and Conditions;
- private third party information that you do not have permission to use or divulge;
- content that contains software viruses or any other malicious computer code;
- harvest or collect email addresses or other Member, customer, visitor, or third party information by electronic or other means for any purpose;
- post notices regarding your classified advertisements in any area of the Portal other than its Classified Advertising section;
- Buy, sell, or find, or post about buying, selling, or finding, counterfeit or fraudulent items, products, and/or services, etc;
- Fundraise or attempt to fundraise for a non-charitable cause. Charitable Business Members are exempt from this prohibition;
- Publish content which encourages others, especially children, to engage in harmful or dangerous conduct (“Dangerous Content”). Images or videos which display Dangerous Content may be removed without notice at our sole discretion. Todayville reserves the right to suspend and/or terminate the Membership and/or access of any Member who publishes Dangerous Content to the Portal.
You further agree not to use the Portal in any manner that could damage or impair it.
WE MAY, BUT ARE NOT OBLIGATED TO, DELETE OR REMOVE, WITH OR WTIHOUT NOTICE, ANY MEMBER CONTENT THAT IN OUR SOLE JUDGMENT VIOLATES THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOREGOING.
All Members are required to populate their Member account profiles as completely as possible, including and especially the Member contact email address (hereinafter, your “Portal Email”). We will send to your Portal Email as necessary messages from customers and notifications important to your Membership. You may unsubscribe from receiving Portal notifications at any time.
The Member account information you provide to the Portal must be accurate, complete, and current at all times. Failure to populate and maintain accurate Member account information constitutes a breach of these Terms and Conditions and may lead to account suspension or termination.
Membership and Registration
Portal membership comes in three types:
- Public Membership;
- Business Membership; and
- Charitable Membership.
If you wish to become a Portal Member, you must select and register as the Member type which corresponds to your intended use of the Portal.
- Public Membership
Public Members can publish content directly to the Portal. All Public Member posts are displayed in the Portal under the Member’s Portal user name. Consequently, all Public Members are required to register their Public Member account under their real and exact personal and/or corporate name. Registration of a false or fake name, or of any pseudonym of any kind, is strictly against these Terms and Conditions and may result in Membership suspension and/or termination.
- Business Membership
Business Members may choose from three different levels of Business Membership according to their business needs:
- Business (regular);
- Profile Plus; and
Each Business Member can publish content directly to the Portal.
- Charitable Membership
Unlike other Portal Members, Charitable Members may publish content which raises money for charitable causes.
Third Party Content
Todayville and/or the Portal is not responsible in any way for third party websites, applications, software, or web content accessed through the Portal. We provide hyperlinks to third-party websites as a convenience only. The provision of any hyperlink does not convey or imply, and is not intended to convey or imply, endorsement by the Portal, Todayville, or its directors, officers, affiliates, agents, employees, subsidiaries, or parents companies, of any third party websites, their products, services, or information.
You are solely responsible for your interactions with customers and other Members of, and visitors to, the Portal. You expressly release Todayville, its directors, officers, employees, agents, subsidiaries, and parent companies from any claims, demands, or damages resulting from or generated by any dispute you may have with a Member or customer of, or visitor to, the Portal. So doing, you expressly waive any protections, statutory or otherwise, that may apply.
Information Collection and Use; cookies policy
Granting Non-exclusive Rights
granting non-exclusive rights
By using the Portal, you are giving us the worldwide, non-exclusive, royalty free license, in perpetuity, (including the right to sublicense) for the content you place on the Portal. This includes the right to use, delete, modify, publish, transmit, improve, distribute, analyze, use and commercialize in any way now known or discovered in the future.
General Information Use Disclaimer
We are not responsible for and will not be liable in any manner for any use or transmission of your information, personal or otherwise.
Periodically, we will send you, by way of your Portal Email, information we consider to be of interest to you, as a Portal Member. By using the Portal you expressly consent to receiving these messages. This consent is ongoing and remains in effect through the entirety of the business relationship between you and the Portal, save and except where you expressly unsubscribe from Portal notifications.
Not Responsible for Content
The Portal is not responsible or liable for any Portal content, customer content, Member content, visitor posts, or third party applications, software, or any other content of any kind, posted on or made available through the Portal, whether posted by Members, the Portal itself, the Portal’s customers and visitors, third parties, or by any of the equipment, programming, and/or applications employed by the Portal.
TODAYVILLE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, MEMBER OR CUSTOMER OF, OR VISITOR TO, THE PORTAL.
Periodically, the Portal may be unavailable for maintenance or other reasons. We are not responsible for any error, omission, interruption, deletion, defect, delay, communications line failure, or unauthorized access to, or alteration of, the Portal, or any impacts, results, or consequences any of the foregoing may or may not have on any customer, Member, or visitor business, website, or applications, including but not limited to any uptime or availability requirements thereof.
Representations and Warranties
The Portal is provided “as-is”. We expressly disclaim and deny all representations and warranties, whether express or implied, contained in the Portal, or communicated by or through any links to the Portal, its customers, Members, users, and/or visitors.
We do not represent or warrant that our software, content, applications, and/or materials are accurate, complete, reliable, current, or error-free. We further do not represent or warrant that the Portal and/or its computers and/or servers are free of malware, viruses, malicious code, or other harmful components. Consequently, you should exercise caution when using the Portal and any third party applications, software, or hardware incident to it, and use and/or run industry-recognized software to detect, quarantine, disinfect, etc. viruses.
Without limiting the foregoing, you understand and agree that you upload and/or download or otherwise obtain or use Portal content and/or software at your own risk. You are and will be solely responsible for your use of the Portal and any damage to your computer system that may result from such use.
The Portal May Change
We may change Portal content, software, and other related items at any time for any reason without notice. Reference to any products, services, processes or other information does not constitute, convey, or imply, and is not intended to convey or imply, endorsement or recommendation thereof.
Limitation of Liability
Todayville, its directors, employees, partners, agents, suppliers, affiliates, subsidiaries, and parent companies, are not responsible or liable for any loss or damage, including but not limited to data loss and harm to goodwill, resulting from
- your inability to access the Portal;
- your use of the Portal;
- any content obtained from or through the Portal; and/or
- unauthorized access to and alteration of your content.
- any customer, Member, visitor, or third-party content;
Without limiting any other remedies, we may terminate or suspend your Membership with, and/or access to, the Portal immediately, without notice, at our sole discretion and for any reason, including, without limitation, if you breach these Terms and Conditions.
All provisions of these Terms and Conditions shall survive termination, including, without limitation, warranty disclaimers, disclaimers generally, indemnity clauses, and limitations and exclusions of liability.
These Terms and Conditions are, and any dispute that may arise between you and Todayville, its affiliates, directors, officers, agents, employees, subsidiaries, or parent companies shall, be governed by, and interpreted and enforced in accordance with, the laws of the Province of British Columbia.
You agree to indemnify and hold Todayville, its directors, officers, agents, employees, subsidiaries, parent companies, affiliates, and stakeholders, and each of their directors, officers, agents, employees, harmless from any and all loss, liability, claim, demand, or damages, resulting from your use of the Portal, Portal Content, third party applications or websites connected or linked to the Portal, and/or your interaction with other Portal Members or customers or visitors or users, or any violation of these Terms and Conditions by any party.
These Terms and Conditions constitute the entire agreement between you and Todayville with respect to the Portal. They supersede and replace any prior agreements between you and Todayville regarding or relating to the Portal.
The failure of Todayville to enforce any right contained in these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and any remaining provisions will remain in effect.