Terms of Service
Date of Last Revision: January 11, 2013.
Each time you use the Web Site, the text of this Agreement, as it then reads, will govern your use. Accordingly, when you use the Web Site, you should check the date of this Agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference. The Web Site and the Service are always evolving and may be modified with reasonable notice. If you have any questions about this Agreement, the Web Site, the Service or INsidde, please email us at email@example.com.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and INsidde, and governs your use of the Web Site and its content and the Services provided through the Web Site. Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this Agreement for using the Web Site, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site and Service.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner. However, INsidde may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, with reasonable notice and without liability to you or any other person. You should check for revisions to this Agreement each time you log into the Web Site.
3. PERMITTED USERS AND ACCESS
The Web Site may be used only by those who are 13 years of age or older. If you are 13 years of age or older, but have not reached the age of majority or legal age in Canada, you must have permission from a parent or guardian to use INsidde. The parent or guardian, along with all users who have reached the age of majority or legal age in their jurisdictions, must also be able to form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
4. CREATING AN INSIDDE ACCOUNT
In order to access and use INsidde, you will need to register and create an account (your "Account"). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws Canada or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.
When creating an Account, don't:
- provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person's permission;
- use a username that is the name of another person with the intent to impersonate that person;
- use a username that is subject to rights of another person without appropriate authorization; or
- use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
5. INFORMATION SUBMISSIONS
INsidde will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, INsidde or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information, as applicable, within 30 days of any change. INsidde may require a copy of a government-issued form of identification before making any changes to your registration information.
6. OWNERSHIP OF CONTENT AND LICENSING
All content and information provided, posted, published, linked to/from or uploaded by the users of the Web Site, including but not limited to, postings, messages, pictures, videos, texts, hyper-links, data, and sound files ("Uploaded Content") is the sole responsibility of the users who share such content. INsidde is not responsible for and does not control user generated content. INsidde does not represent, support, approve, or guarantee the completeness, truthfulness, accuracy or reliability of Uploaded Content. By using INsidde you may be exposed to Uploaded Content that may be harmful, offensive, misleading, inaccurate, deceptive or otherwise inappropriate and INsidde is in no way liable or responsible for this type of content. INsidde is not responsible for removing this type of content but may, at its absolute discretion, remove or edit any Uploaded Content without notice to the user responsible for the content.
You retain your rights to any Uploaded Content that you provide to INsidde. By providing Uploaded Content to INsidde, you grant INsidde a worldwide, non-exclusive, royalty-free license to use, copy, distribute, process, adapt, modify, publish, and transmit such Uploaded Content in any and all media or distribution methods, even where such Uploaded Content contains, consists of, or includes content covered by intellectual property rights. By providing INsidde with Uploaded Content, you grant INsidde a right to sublicense and allow INsidde to distribute such Uploaded Content to other companies, organizations or persons who partner with INsidde for the syndication, consolidation, broadcast, distribution or publication of such Uploaded Content.
You are responsible for your use of the Service and for your Uploaded Content. You understand that, by providing INsidde with Uploaded Content, you represent that you have the right to submit such Uploaded Content, and you represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein with respect to such Uploaded Content.
7. PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site, that are not Uploaded Content, are the property of INsidde, and of its service providers, subsidiaries, affiliates, officers, employees, agents, partners and licensors (the "INsidde Parties"), as applicable, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you or any other person any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of INsidde. You may not use any of the software that is used in the operation of the Web Site except in the course of using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may access, browse, post, publish, link to/from or upload to the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with the Website or Service or creating any other undue burden on the Web Site or through the Service. You understand that your account with INsidde and your ability to access and use the Service is dependent on your compliance with this Agreement. Breach of this Agreement and any of its provisions may result in termination of your ability to access and/or use the Web Site or Service.
In order to provide the INsidde service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with INsidde. These limitations comply with legal requirements and make INsidde a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
- Impersonation: You may not impersonate others through the INsidde service in a manner that does or is intended to mislead, confuse, or deceive others.
- Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others will be permanently suspended.
- Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
- Violence and Threats: You may not publish or post direct, specific threats of violence against others.
- Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
- Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
- Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the INsidde Rules is cause for permanent suspension of all accounts.
- Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
- the number of accounts created
- creating accounts for the purpose of preventing others from using those account names
- creating accounts for the purpose of selling those accounts
- using feeds of third-party content to update and maintain accounts under the names of those third parties
- Invitation spam: You may not use insidde.com's address book contact import to send repeat, mass invitations.
- Selling user names: You may not buy or sell INsidde usernames.
- Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
- Spam: You may not use the INsidde service for the purpose of spamming anyone.
- Pornography: You may not use obscene or pornographic images.
INsidde reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
9. COPYRIGHT POLICY
INsidde respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, INsidde will also terminate a user's account if the user is determined to be a repeat infringer.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to INsidde storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that INsidde's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
12. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
INsidde strives to make your use of the Web Site a useful experience. Nevertheless, INsidde and the INsidde Parties do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:
THE HOSTED SERVICE IS PROVIDED "AS-IS" AND INSIDDE EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY CONDITIONS OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY AND THOSE THAT ARISE FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE ARE HEREBY DISCLAIMED. INSIDDE DOES NOT WARRANT THAT CUSTOMER'S USE OF THE HOSTED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.
INSIDDE AND THE INSIDDE PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY INSIDDE OR ANY OF THE INSIDDE PARTIES OR ANY PERSON FOR WHOM INSIDDE OR ANY OF THE INSIDDE PARTIES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT INSIDDE OR THE INSIDDE PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIMITATION OF LIABILITY
IN NO EVENT WILL INSIDDE OR THE INSIDDE PARTIES BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY INSIDDE, THE INSIDDE PARTIES OR ANY SUCH PERSONS FOR WHOM INSIDDE IS RESPONSIBLE.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF INSIDDE AND THE INSIDDE PARTIES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF INSIDDE AND THE INSIDDE PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE, THE USE OF THE WEB SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY INSIDDE AND THE INSIDDE PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEB SITE.
ADVICE AND INFORMATION PROVIDED BY INSIDDE OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
If you breach any provision of this Agreement, you may no longer use the Web Site and Service.
INsidde may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
INsidde may at any time and for any reason, with or without cause, with or without notice or liability to you or any other person, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and Service and your login name and password.
If this Agreement or your permission to use the Web Site or Service is terminated by you or INsidde for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your engagement of the services of INsidde through the Web Site and anything connected with, relating to or arising from those matters.
14. LINKS TO THIRD PARTY SITES
The Web Site may include links to other web sites, advertisements or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from INsidde, and INsidde has no responsibility for, liability with respect to, or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. Links to Other Sites, including advertisements, may be targeted to the information available from the Service. By using the Service, you agree that INsidde and Other Sites may publish advertising on the Web Site in connection with the information available from the Service.
INsidde does not sponsor or endorse any Other Sites or their content or the services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against INsidde arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and INsidde, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
15. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your use of the website, and all related matters are governed solely by the laws of the Province of Quebec and the federal laws of Canada applicable therein, to the exclusion of any rules of private international law or conflict of laws which would lead to the application of any other laws.
Any dispute between INsidde and you or any other person arising from, connected with or relating to the website, this Agreement or any related matters must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Montreal, Quebec, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of INsidde and the INsidde Parties and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of INsidde, which may be withheld in INsidde's sole discretion. INsidde may assign this Agreement and its rights and obligations under this Agreement without your consent and without notice to you.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and INsidde are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.
Any rights not expressly granted by this Agreement are reserved to INsidde.
This Agreement is subject to change without notice.