Website Terms of Use
Thanks for using our products and services (“Services”). The Services are provided by Geodavic Inc., located in Calgary, Alberta, Canada. By using our Services, you are agreeing to these terms. Please read them carefully. This Terms of Use was last updated May 15th, 2018.
Contents
- Acceptance of Terms
- Placesmart Solutions Website
- User Accounts
- Ownership of Website Content
- User Content; Privacy
- Disclaimer
- Limitation of Liability
- Indemnity
- Miscellaneous
- Code of Conduct
- Disclaimer of Endorsement
- User Submissions
- Events and Gatherings
- Acceptable Use
- Site Access; Account Deletion
- Indemnification
- Intellectual Property; License
Acceptance of Terms
By using or visiting the Placesmart Solutions website (the "Website"), you agree to these terms and conditions (the "Terms").
Geodavic Inc. may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
Placesmart Solutions Website
These Terms apply to all users of the Website, including users who contribute content to the Website. The Website may contain interactive areas designed to allow you to post content on the Website. The use of these features is additionally governed by the Code of Conduct.
The Website may contain links to third party websites that are not owned or controlled by Geodavic Inc.. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by Geodavic Inc.. Geodavic Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
TOP »User Accounts
To access some features of the Website, you may have to register for a Placesmart Solutions user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify Geodavic Inc. immediately of any breach of security or unauthorized use of your user account.
Although Geodavic Inc. will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Geodavic Inc. or others due to such unauthorized use.
TOP »Ownership of Website Content
As between you and Geodavic Inc., Geodavic Inc. owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, but excluding User Content . Geodavic Inc. grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Website, subject to the following conditions:
- they must be used or reproduced accurately, without any modification;
- they must identify Geodavic Inc. as the source;
- they must be used solely for non-commercial purposes; and
- a copyright notice must appear on every copy in the following form:
- “© Geodavic Inc. All rights reserved”.
Geodavic Inc.’s express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.
The Geodavic Inc. logos are trade-marks of Geodavic Inc., and may not be used without the express written permission of Geodavic Inc..
User Content; Privacy
You may be able to post or upload (in designated areas of the Website) written content or other content (collectively "User Content") to the Website.
You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Website, you automatically grant Geodavic Inc. a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Website for the purpose of sharing the User Content with users and visitors of the Website and to promote the Website. You represent and warrant that you own or have the rights to use and license Geodavic Inc. to use the User Content in the manner contemplated by the Website and these Terms.
By accessing and/or using the Website, you may provide us with personal information as described in our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information.
TOP »Disclaimer
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Geodavic Inc. DOES NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, Geodavic Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Geodavic Inc. MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE WEBSITE AT ANY TIME. Geodavic Inc. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
TOP »Limitation of Liability
Geodavic Inc., ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF Geodavic Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Geodavic Inc., ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TOP »Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Geodavic Inc., ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, Geodavic Inc. WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
TOP »Miscellaneous
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms will be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Alberta, Canada. The Website is physically maintained and operated by Geodavic Inc. from the Province of Alberta.
You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
These Terms constitute the entire agreement between you and Geodavic Inc. with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.
TOP »Code of Conduct
a. You may not use the Geodavic Inc. Website for any illegal or unauthorized purpose. In addition to the laws of the Province of Alberta, Canada, you also agree to comply with all local laws that apply to your use of the Website.
b. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, Geodavic Inc.’s servers or computer network, or interfere with any other party's use and enjoyment of the Website.
c. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not:
- post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
- impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
- use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users;
- upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
- submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
d. While Geodavic Inc. prohibits such conduct and User Content in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk.
e. Geodavic Inc. reserves the right to monitor use of this Website to determine compliance with these Terms. Although Geodavic Inc. does not read, review, vet or otherwise assess User Content in advance of its posting, Geodavic Inc. reserves the right to remove any User Content and/or terminate your Geodavic Inc. User Account without notice for breach or for any other reason.
TOP »Disclaimer of Endorsement
The information posted on www.placesmartsolutions.com includes hypertext links or pointers to information created and maintained by other public and/or private organizations. This site provides these links and pointers solely for our users' information and convenience. When users select a link to an outside website, they are leaving www.placesmartsolutions.com and are subject to the privacy and security policies of the owners/sponsors of the outside website. Geodavic Inc., which manages placesmartsolutions.com, does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website. Geodavic Inc. does not endorse the organizations sponsoring linked websites and we do not endorse the views they express or the products/services they offer. Geodavic Inc. cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website. Geodavic Inc. is not responsible for transmissions users receive from linked websites. Geodavic Inc. is not responsible for or liable in any way for commercial transactions which users transact with linked websites.
TOP »User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to Geodavic Inc., its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You represent and warrant that you have all rights necessary to grant to Geodavic Inc. the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
TOP »Events and Gatherings
We may also offer to users Services which enable our users to arrange and RSVP to attend physical events or gatherings at venues such as sports arenas and stadiums, college campuses, public parks, private homes or private enterprises that include, but are not limited to, restaurants, bars, clubs or retail stores. We do not supervise these events or gatherings and are not involved with any of the actions of the individuals at these events or gatherings. Accordingly, we have no control over the identity or actions of the individuals who are in attendance at these events or gatherings and request that you exercise caution and good judgment when attending these events or gatherings. You are solely responsible for determining if the event or gathering is safe. We do not conduct criminal, driving or other background checks of users and cannot determine if users are suitable hosts or event attendees. There are risks associated with attending an event or gathering, including, without limitation, the failure of the host and its attendees to provide a safe atmosphere, abide by applicable laws, miscommunication regarding the details of the event or gathering, inappropriate or dangerous conduct on the part of the host or the other attendees that may result in injury and/or death. By registering to use the Services for events and gatherings, you represent and warrant that you meet any age eligibility requirements for the Services and agree to comply with the laws of the state in which the event or gathering occurs, including laws governing alcohol consumption. Because we do not supervise or control the events, gatherings or interactions between our users and other persons, because we are not in any way involved with physical transportation to or from events or gatherings or with the actions of any individuals at such events or gatherings, because we cannot guarantee the true identity or age of our users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Services, you agree to bear all risk and to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and the hosts of any events or gatherings and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at an event or gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. TOP »Acceptable Use
The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request. Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following: Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities; Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable; Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Radio Parties and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities); Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices; Transmit files that contain viruses, spyware, adware, or other harmful code; Advertise or promote goods or services without our permission (including, without limitation, by sending spam); Interfere with others using the Services or otherwise disrupt the Services; Transmit, collect, or access personally identifiable information about other users without the consent of those users and Radio; Engage in unauthorized spidering, "scraping," or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information; Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user's account or information, or allow anyone else to use your account or access credentials. TOP »Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice: Restrict or terminate your access to the Services; Change or discontinue the Services; Deactivate your accounts and delete all related information and files in your accounts; Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy. Geodavic Inc. will not be liable to you or any third party for taking any of these actions and will not be limited to the remedies above if you violate these Terms. If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Services will continue to be governed by the User Submissions section of these Terms. The User Submissions, Indemnification, Disclaimers; Limitation of Liability, Governing Law; Venue; Jurisdiction, Arbitration, Miscellaneous and Copyright Complaints sections of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use as will any provision that by its nature should survive. TOP »Indemnification
You will defend, indemnify, and hold harmless Geopdavic Inc., its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the "Parties") with respect to all claims, costs (including, without limitation, attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation, use of your account, whether or not authorized by you, and claims arising from User Submissions) your violation of any law, statute, ordinance or regulation or the rights of a third party or your participation in events or gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at events or gatherings). Geodavic Inc. retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Indemnification section of the Terms without Geodavic Inc's prior written approval. TOP »Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Services ("Content") are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services. TOP »