Term Of Use


 

Last Updated: Nov 21, 2010

 

Please read the following terms of use carefully before using www.AdCapacity.com ( the "WebSite" ). If you do not agree with these terms of use, please do not use this site. Any failure on your part to comply with these terms of use may lead to AdCapacity I) Prohibiting you from using this site and the related privileges or II) Instituting any other remedies AdCapacity.com, in its sole discretion, deems appropriate.

 

1.ACCEPTANCE OF TERMS OF USE

1.1 By using the Site, you acknowledge that you have read and understand these terms of use ( the "Terms of Use" ) together with the Privacy Policy, and other documents regulating the use of the WebSite and, accordingly, you agree to abide by them, as well as any future modifications that may be made to them. These Terms of Use represent an agreement between you and AdCapacity.com.

1.2 If you do not agree to be bound by these Terms of Use, you should not use this WebSite. If you consider any future amendments made to these Terms of Use to be unacceptable, please do not continue to use the WebSite.

 

2.DEFINITIONS

 

"Company" - means a business or individual whose information is posted on the WebSite. "AdCapacity.com " - means Similr Media and Experience Design Inc.

 

"Review" - means a specific commentary provided to AdCapacity.com concerning the services or products of a Company and posted to the Site.

 

3. PREMISES The Site operates from its offices in Toronto, Ontario, Canada. We do not represent or warrant that all items and information on this WebSite are appropriate or available for use in other locations. Persons who choose to access this WebSite from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

4. USE OF SITE

4.1 All of the items contained on the WebSite are offered for your personal and non-commercial use. It is prohibited to use the items contained on this WebSite for commercial or advertising purposes without the prior written consent of AdCapacity.com.

4.2 This WebSite may only be used for lawful purposes. You agree not to use this WebSite in any way that would undermine its functioning and / or disrupt the service for other users.

 

5. LINKS

 

5.1 This WebsSite may contain hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave the WebSite. AdCapacity.com has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and AdCapacity.com makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked party sources ( including any viruses accessed through them ), the quality of the products offered, the security of performing transactions on the sites in question or the privacy policies of those sites. Links do not imply that AdCapacity.com or this WebSite sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of AdCapacity.com or its affiliates. AdCapacity.com cannot be held liable for possible damages arising from the use of such third party sites. All complaints about third party sites should be addressed to the administrators of those sites.

5.2 This WebSite may from time to time contain materials, data or information provided, posted or offered by third parties, including by not limited to advertisements, reviews, or postings in on-line community discussions. You agree that AdCapacity.com shall not have any liability whatsoever to you for any such third party material, data or information.

 

6. REVIEWS AND THEIR OWNERSHIP

 

6.1 AdCapacity.com may offer the ability to post reviews. Reviews submitted to the WebSite must comply with AdCapacity.com Consumer Review Guidelines.

6.2 You hereby acknowledge and warrant that all of the information contained in any review you submit will be factually accurate.

6.3 Once a review is submitted to AdCapacity.com for publication, it becomes the property of AdCapacity.com and you agree that you have assigned or will assign all rights, title and interest in the content of a Review to AdCapacity.com.

6.4 In so far as the content of a review has not yet been assigned to AdCapacity.com, you hereby warrant that you are able to and grant to AdCapacity.com a royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license to use, reproduce, modify, adapt, publish, translate and distribute and / or incorporate into other works in any form, media or technology now known or hereafter developed any copyrights, trade-mark rights or other proprietary rights in the content that are not owned by you.

6.5 Reviews represent the opinion of the contributor. If AdCapacity.com finds that a contributor has submitted a false or misleading review, AdCapacity.com reserves the right to delete the review and correct the Company's rating and reject subsequent submissions from that contributor. AdCapacity.com does not take responsibility for the accuracy or completeness of reviews. It is the responsibility of the WebSite's users to evaluate the accuracy, completeness and / or usefulness of any information, opinion, advice or other content found on the WebSite.

6.6 AdCapacity.com reserves the right to monitor reviews and edit submissions by contributors to ensure compliance with the Consumer Review Guidelines, these Terms of Use and any applicable laws. AdCapacity.com further reserves the right to paraphrase or otherwise edit reviews.

6.7 Material and content published in a review on the WebSite are the sole responsibility of the contributor. This means that a contributor, and not AdCapacity.com, is entirely responsible for all material and content submitted to AdCapacity.com and which may be contained in a review.

6.8 Under no circumstances will AdCapacity.com be liable in any way for any material and content, including but not limited to, any errors or omissions in any material and content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon the material and content published in a review

 

7. INTELLECTUAL PROPERTY

 

7.1 Limited License and Copyright Subject to the terms and conditions set forth in these Terms of Use, AdCapacity.com grants you a non-exclusive, non-transferable, limited right to access, use and display this WebSite and the visible text, graphics or images thereon ( the "Materials" ) and to view and download the Materials, only in connection with your personal and non-commercial use of the WebSite. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions:

 

a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;

 

b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;

 

c) you may not transfer the Materials to any other person without our prior written consent;

 

d) you may not print or copy any of the HTML or other computer programs that are viewable at the WebSite. This WebSite, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this WebSite and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, AdCapacity.com and its affiliates do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.

7.2 Trade-marks The trade-marks, logos and company names of AdCapacity.com or any of its affiliates used on this WebSite may not be copied, imitated or used, in whole or in part, without the prior written consent of AdCapacity.com or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners.

7.3 Exploitation Subject to the rights expressly granted to you under these Terms of Use, you may not copy, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item obtained from or available as part of this WebSite ( including any software ), in whole or in part.

7.4 Non- infringement You may not post or otherwise make available to the WebSite any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to assume sole liability and to indemnify AdCapacity.com for any damage resulting from infringement of any third party's copyrights, trade-marks or other proprietary rights or any other harm resulting from your use of such infringing materials in a review, or on or in connection with the Site.

 

8. REPRESENTATIONS AND WARRANTIES

 

8.1 THIS WEBSITE, THE MATERIALS AND THE INFORMATION ACCESSIBLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. ADCAPACITY.COM AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD THERETO, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE. ADCAPACITY.COM DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

8.2 THE MATERIALS AND INFORMATION ACCESSIBLE THROUGH THIS WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ADCAPACITY.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR INFORMATION ACCESSIBLE ON OR THROUGH THIS WEBSITE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. ADCAPACITY.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS OF ANY REVIEW. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK.

 

9. LIMITATION OF LIABILITY

 

9.1 IN NO EVENT SHALL ADCAPACITY.COM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES ( INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM ) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS WEBSITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT ADCAPACITY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

 

10. INDEMNITY You agree to indemnify AdCapacity.com, its officers, agents, partners and employees from any and all claims or damages, including reasonable lawyer's fees, made by third parties due to or arising out of the use of the WebSite or in connection with the WebSite, the violation of the Terms of Use and all other documents contained on this WebSite or any violation of the rights of another.

 

11. MINORS If you are under the age of 18, you may only use this WebSite in conjunction with and under the supervision of your parents or guardians.

 

12. PROMOTIONS From time to time, AdCapacity.com may offer, either on or through the Site, ", promotions or games ( "Promotions" ). You agree to release AdCapacity.com and its agents, advertisers, sponsors and / or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the WebSite. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the WebSite, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. AdCapacity.com reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.

 

13. CHANGES

 

13.1 AdCapacity.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this WebSite. AdCapacity.com may make any other changes to this WebSite, the Materials and the services, products described on this WebSite ( if any ) at any time without notice.

13.2 AdCapacity.com reserves the right to modify these Terms of Use.

 

14. OFFENSIVE CONTENT AdCapacity.com reserves the right not to post, or to remove any data, information, content or Material, including the contents of any Review if AdCapacity.com is made aware that the data, information, content or Material: i) is libelous, defamatory, scandalous or otherwise unacceptable, undesirable or objectionable, or ii) violates any law, regulation or right of a third party including but not limited to intellectual property infringement, prohibitions on libel, slander and invasion of privacy.

 

15. CANCELLATION AdCapacity.com can, at its sole discretion, cancel or suspend any of your privileges related to the use of the WebSite in whole or in part for any reason, including without limitation, the non-compliance with these Terms of Use.

 

16. PRIVACY For information regarding AdCapacity.com policies and practices relating to the collection, use and storage personal information please read our Privacy Policy.

 

17. NO ENDORSEMENT This WebSite may compile opinions and comments from certain users and publishes such opinions and comments in reviews. Reviews published do not convey the recommendations or endorsement of any specific Company or individual by AdCapacity.com.

 

18. ASSIGNMENT AdCapacity.com may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms of Use without the prior written consent of AdCapacity.com, and any such attempted assignment will be void and unenforceable.

 

19. GOVERNING LAW The laws of the province of Ontario and the laws of Canada shall govern these Terms of Use as well as any use of the WebSite.

 

20. ENTIRE AGREEMENT These Terms of Use constitute the entire agreement between you and AdCapacity.com regarding your use of the WebSite, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and AdCapacity.com regarding your use of the Site.

 

21. WAIVER AND SEVERABILITY OF TERMS The failure of AdCapacity.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intention of AdCapacity.com and you as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

 

22. CHANGES TO POLICY AdCapacity.com may revise these Terms of Use without notice, by updating these Terms of Use on the WebSite. You agree to monitor such updates and agree that any continued use of the WebSite after AdCapacity.com has made such revisions constitutes full acceptance of the revised Terms of Use. AdCapacity.com reserves the right to, at any time, change or modify these Terms of Use. Should AdCapacity.com change these Terms of Use, changes will be posted on this page.

 

23. HOW TO CONTACT US If you have any questions regarding these Conditions of Use, you can reach us at the following address:


AdCapacity.com

 

Attn: Customer Service - Privacy

 

support@adcapacity.com