PLEASE SCROLL DOWN AND READ THESE TERMS AND CONDITIONS OF USE.
Updated December 17, 2021
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, WHIZKIDS.CA IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
1. Changes to the Agreement. We may modify this Agreement from time to time in our sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
3. Ownership; General Limitations on Use.
3.1 Ownership. You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (the “Content”) available through the Services is our property, the property of our advertisers or our third party licensors or suppliers (such licensors and suppliers are referred to as “Information Providers”) and is protected by copyright and other intellectual property laws.
3.2 Limitations on Use. Unless you have our written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create new works from, or commercially exploit the Content available through the Services, with the following two exceptions:
3.2.1 To the extent that we feature email or other sharing functionality on a particular article in the Services, you may use email or other featured sharing functionality to share such article with other individuals.
You agree to access the Services manually by request and not programmatically by macro or other automated means.
4. Grant of Rights and Representations by You. If you upload, post or submit any Member Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such Member Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, or requesting that we upload, post or submit on your behalf, you grant us, our parent company, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your Member Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of Member Content, or any portion thereof, by Members and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Member Content specifically on the Services and to allow other Members or users to request access to your Member Content, such as for example through an RSS Feed.
5 Removal. We may also remove any Member Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
5.1 Rules of Conduct. All Members and users of the Services must comply with the following rules of conduct:
- You will not stalk or harass another when using the Services.
- You will not interfere with others’ use of the Services, including by interrupting other users’ sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users’ enjoyment of the Services.
- You will not attempt to harvest any screen names of email addresses for any commercial use and you will not collect or store personal information about any other individual on the Services.
- You will not use the Services for illegal purposes and you will not upload, post or submit any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with WhizKids.ca. Similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
- You will not upload, post or submit any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, Members’ or users’ ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.
- You will not send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services.
- You should demonstrate appropriate respect for other Members. If you disagree with an opinion on the Services, feel free to challenge that opinion with a posting of your own. You should, however, refrain from ever personally attacking the person making the posting.
- You will not violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, Canadian Security Laws, or any rules of any national or other securities exchange.
- You will not upload, post, submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- You will not upload, post or submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
You will not upload, post or submit improper or off-topic messages.
5.2 Copyright/IP Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about our policy, please see our Copyright/IP Policy.
6. Termination. WhizKids.ca may discontinue or change all or any of the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. WhizKids.ca may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
7. DISCLAIMERS OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. Certain information and data provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. WhizKids.ca and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against WhizKids.ca or any Information Provider. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither WhizKids.ca nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these facts, views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.
8. LIMITATIONS ON LIABILITY NEITHER WHIZKIDS.CA, ITS PARENT COMPANY, NOR ANY INFORMATION PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “EXCLUDED PARTIES”) WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. You understand and agree that your use of the Services is at your sole risk.
9. INDEMNITY. You agree to indemnify and hold WhizKids.ca and our parent company and our respective subsidiaries, affiliates, officers, agents, employees, partners and the Information Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member Content you upload, post, submit or otherwise make available through the Services, your use of the Services, and your violation of this Agreement.
10. General. Except as set forth in Section 2 above, this Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, applicable to contracts made entirely within Ontario and wholly performed in Ontario, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be in Toronto, Ontario, Canada.
12. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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