CONDITIONS OF USE FOR: Westside Web
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING Westside Web . ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT AND THE RELATED PRIVILEGES.
Acceptance of Conditions of Use Premises Changes in Internet Sites Personal Use Registration and Security Fees and Payments Chat Rooms and Bulletin Boards Links Intellectual Property Representations and Warranties Limitation of Liability Cancellation How to Contact Us About this Policy 1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By using one of Westside Web sites, you acknowledge having read and understood these conditions of use and, accordingly, you agree to abide by them as well as any future modifications which may be made. These conditions of use represent an agreement between you and Westside Web,.
1.2. These conditions of use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current conditions of use, they will be posted at least thirty (30) days prior to their coming into force and users who have forwarded their e-mail addresses to us will be notified directly thereof by electronic mail. Please refer to these conditions of use regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these conditions of use, you should not use Westside Web. In addition, should you consider any future amendments made to these conditions of use to be unacceptable, you can cancel your account with us at any time.
2. PREMISES
2.1. Westside Web, operates its Internet sites from its office in Kelowna, BC, Canada. Westside Web, does not make any representation to the effect that all items on its Internet sites may be used in other locations. People who access Westside Web do so at their own initiative and are responsible for complying with all laws applicable to them.
2.2. By using Westside Web, you acknowledge and agree that these conditions of use are governed by laws applicable in the Province of BC.
3. CHANGES IN INTERNET SITES
3.1. Westside Web, may modify, cancel or terminate any item contained in its Internet sites, at any time, including the availability of any function, database or content. Westside Web, may also impose limits on certain items or restrict the access to certain sections of its Internet sites without prior notice and without incurring its liability.
4. PERSONAL USE
4.1. All the items contained in Westside Web are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in Westside Web Internet sites for commercial or advertising purposes without the written consent of Westside Web.
5. REGISTRATION AND SECURITY
5.1. When you register, you must select a password and a user name. You cannot (i) choose or use someone's password with the intention of pretending to be that person; (ii) use a password in which someone else has rights, without that person's authorization; or (iii) use a password or a user name that Westside Web, at its sole discretion, considers offensive.
5.2. You are responsible for maintaining the confidentiality of your password and user name. You should notify Westside Web, as soon as possible by e-mail (gotmail@westsideweb.ca). Any known or suspected use of your account, or of any known or suspected breach of security.
5.3. You are responsible for any use of your accounts on Westside Web. Westside Web, cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
6. FEES AND PAYMENTS
6.1. When obtaining web design services a contract will be supplied by Westside Web to the customer, on acceptance of the terms and the customers signature (an electronic signature has the same effect as a written one) this will be a legally binding contract. Westside Web, reserves the right to charge fees for future access to its Internet sites, or any section thereof. If Westside Web, should charge new fees for access to any section, it will notify you in advance in case you would like to close your account.
7. CHAT ROOMS AND BULLETIN BOARDS
7.1. Since any communications which are part of chat rooms and bulletin boards are public and not private, you should abide by the rules set forth below:
7.1.1. Use polite language. Objectionable or offensive language will not be tolerated at any time. In addition, no one may keep or submit defamatory, obscene, tortious, pornographic, abusive or otherwise illegal content.
7.1.2. Be courteous. No one may make threats or incite anyone else to violence or hatred. It is also prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming.
7.1.3. Discuss but do not attack. In an open discussion where there are many different opinions, people often disagree. Westside Web, encourages lively discussions and debates in its forum. Moreover, personal attacks are a breach of these conditions of use.
7.1.4. No one should use chat rooms or bulletin boards to promote or offer for sale any good or service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or chain letters, spamming, or to engage in any hacking, solicitation or any other act for illegal purposes. Any acts which may infringe other peoples' rights or their enjoyment of the chat rooms or bulletin boards are also prohibited.
7.2. You declare that you have all the necessary rights, in particular, intellectual property rights, to any material that you submit as a user to Westside Web,.
7.3. You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to Westside Web, (e.g. letter to the editor, comments, etc.). Moreover, you acknowledge and agree that by simply submitting your material to Westside Web,, you grant it a non-exclusive licence, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute and give sub-licences to such materials. To this effect, you waive any moral right you may assert related to the integrity of your work.
7.4. You acknowledge and agree that you are personally liable for the content of your messages to chat rooms or bulletin boards on Westside Web, and for the consequences thereof.
7.5. Westside Web, reserves the right, at its sole discretion, not to publish or to withdraw any materials transmitted by a user on any of its Internet sites. In addition, this remains an option and not an obligation.
7.6. Westside Web, does not make any declaration concerning the control over the material available on its Internet sites. Westside Web, is not and may not be held liable for the accuracy, legality or the compliance with the intellectual property rules or with the conditions of use of any materials provided by its users.
8. LINKS
8.1. Westside Web contains hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave Westside Web. Westside Web, has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and Westside Web, cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on Westside Web Internet sites should not in any way be interpreted as an endorsement by Westside Web, and does not incur its liability in any way. Westside Web, cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
9. INTELLECTUAL PROPERTY
9.1. The trademarks and logos used or posted on Westside Web are trademarks and logos registered or not by Westside Web, or third parties. Nothing on Westside Web Internet sites may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on Westside Web Internet sites for commercial or advertising purposes or to increase the number of visitors to your site.
9.2. All the items on Westside Web (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to Westside Web, or third parties acting as content providers. Except for certain clearly stated exceptions, no items on Westside Web must be interpreted as giving you any right whatsoever with regard to the intellectual property of Westside Web, or of a third party acting as a content provider.
9.3. Subject to section 9.3 hereof, you may not copy, reproduce, modify, publish, 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 offered on Westside Web (including any software), in whole or in part.
9.4. You can download or copy only for your personal use for non-commercial purposes items from Westside Web provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of Westside Web, or the holder of the copyrights identified in the notice of intellectual property.
10. REPRESENTATIONS AND WARRANTEES
10.1. You hereby indemnify, defend and hold Westside Web, its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers (collectively referred to as “Westside Web,”) harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by Westside Web, related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. Westside Web, reserves the right to participate in the defence of any such Claim and to be represented by an attorney of its choice.
11. LIMITATION OF LIABILITY
11.1. Westside Web and the items they contain are offered to you on an “as is” basis and at no charge by Westside Web,, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, Westside Web, makes no representations about the comprehensive nature of the results of your searches conducted on its Internet sites. You hereby acknowledge and agree that your use of Westside Web is at your own risk.
11.2. Westside Web, makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on its Internet sites by any user, content provider or other person.
11.3. Westside Web, disclaims all liability related to any error which may be found on its Internet sites. Thus, Westside Web, and any third party providing content on Westside Web Internet sites, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of Westside Web, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
12. CANCELLATION
12.1. You can cancel your account at any time by accessing the "Client Login" section of the site at the following address: www.westsideweb.ca.
12.2. Westside Web, can, at its sole discretion, cancel or suspend your account to its Internet sites in whole or in part for any reason, including, without limitation, the non-compliance with these conditions of use.
13. HOW TO CONTACT US ABOUT THIS POLICY
13.1. Should you have a claim related to a copyright infringement of any of the materials contained in Westside Web Internet sites, or for any other correspondence, you can reach us at the following address:
Westside Web,
www.westsideweb.ca
2001 Hwy 97 South Unit 263
Kelowna BC V1Z 3E3
Canada
E-mail:
gotmail@westsideweb.ca
