PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS FOR USE OF IDYLLTYME SPORTS & MARINE COMMUNICATIONS TOOLS
AND SERVICES.
SCOPE AND DEFINITIONS
This Agreement establishes the terms and conditions by which Idylltyme Sports & Marine will provide you with
information and services regarding the organization.
As used herein the following terms shall have the following meanings:
"Agreement" means all of the terms and conditions set forth below which may be amended by Idylltyme Sports &
Marine from time to time and are subject to change by Idylltyme Sports & Marine at any time for any reason.
"User" means the individual registering for and using Idylltyme Sports & Marine's information, products and
services.
GENERAL PROVISIONS
User agrees to use Idylltyme Sports & Marine's website in a manner consistent with any and all applicable laws
and regulations.
User agrees and warrants that all information submitted to Idylltyme Sports & Marine will be original, accurate
and correct and will not contain any defamatory, fraudulent, abusive, obscene, profane, sexually oriented,
threatening, racially offensive or illegal material.
User further agrees and warrants that all information provided to Idylltyme Sports & Marine will not infringe
upon any copyright, trademark, patent or other intellectual property rights of any other person or entity.
User acknowledges that submission or transmission of material or information in violation of any local,
provincial, state or federal law is prohibited and is a breach of these Terms and Conditions of
Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Idylltyme Sports & Marine provides its services on an as-is basis, without warranty of any kind, expressed or
implied, including, without limitation, any warranty for information, services or products provided through
Idylltyme Sports & Marine. Idylltyme Sports & Marine specifically disclaims (i) any express or implied warranty
of merchantability or fitness for a particular purpose, where applicable, and (ii) any warranties concerning
the availability, accuracy or content of information, products or services. This disclaimer of liability
applies to any and all damages (including direct, indirect, incidental, special, consequential or exemplary)
or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus or other harmful component, communication line failure, theft or
destruction or unauthorized access to, alteration of, or use of products and services, whether for breach of
contract, tortious behavior, negligence, or under any other cause of action. Idylltyme Sports & Marine cannot
promise, and will not be deemed to promise that its hardware or software will function uninterrupted or
error-free. Idylltyme Sports & Marine fully intends to keep its system functional at all times. However, in
the event that, due to circumstances beyond Idylltyme Sports & Marine's control, Idylltyme Sports & Marine's
services malfunction or become unavailable to all or some Users, Idylltyme Sports & Marine will not be liable
for any direct, indirect, special, incidental, consequential or exemplary damages, whether foreseeable or not,
which may result from such unavailability or malfunction.
Idylltyme Sports & Marine is not responsible for the content on the Internet or World Wide Web pages that are
contained outside Idylltyme Sports & Marine's site. As a convenience to our Users, Idylltyme Sports & Marine
may from time to time provide links to third parties that are beyond our control. Idylltyme Sports & Marine
makes no representations as to the quality, suitability, functionality or legality of any sites to which it
may provide links, and User hereby waives any claim you may have against Idylltyme Sports & Marine with respect
to such sites.
INDEMNITY
User agrees to defend, indemnify and hold harmless Idylltyme Sports & Marine, and its officers, directors,
shareholders, employees, and independent contractors from any and all claims, damages and expenses, including
reasonable lawyers' fees and court costs, arising out of User's use of Idylltyme Sports & Marine or User's
breach of the Terms and Conditions of Service, including, without limitation, claims of copyright infringement,
patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment,
invasion of privacy or fraud.
NORMAL SYSTEM MAINTENANCE TIMES
User acknowledges that occasionally Idylltyme Sports & Marine will not be available for use by User. Although
Idylltyme Sports & Marine's policy is to minimize the amount of time it may spend upgrading and maintaining
Idylltyme Sports & Marine's web site, Idylltyme Sports & Marine reserves the right to take Idylltyme Sports
& Marine's web site down at any time if required.
TRADEMARK NOTICE
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are pending,
registered, or unregistered Trademarks of Owner and others. You may NOT use Owner's trademarks, whether design
or word marks, in a non-Idylltyme Sports & Marine product name or publication title, in, as, or as part of
your own trademarks, to identify products or services that are not the Owner's. You may NOT use the Trademarks
in any manner that is likely to cause confusion among customers, dilutes the Trademarks, or in any manner that
disparages or discredits the Owner. You are also advised that the Owner will aggressively enforce its
intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any trademark displayed on the Site without the express written permission of the Owner
or such third party that may own the Trademarks displayed on the Site.
PERMITTED USES OF IDYLLTYME SPORTS & MARINE TRADEMARKS
The Owner's trademarks identify the Owner's products and services, and let the public know the source of those
products and services. You may make fair use of the Owner's trademarks in advertising and promotional
materials, and in referring to Owner's products and services (for example, in a magazine article) without our
permission, provided you follow standard trademark usage practices and provide proper attribution (see below).
All other uses require the prior express written permission from the Owner. Please make such requests by email.
We will evaluate your request within a reasonable time; failure to respond does not constitute
permission.
LINKING TO THE SITE
You are not permitted to download images from the site unless where indicated, however if you wish to use a
graphic link to our site you may copy our logo button below:
If you are using Netscape Navigator or Microsoft Internet Explorer, first place the cursor above the logo
button. Second, if you are using a PC or Unix based system, click and hold down the right mouse button; on a
Mac, hold down the single mouse button. A small pop-up menu will appear after a few seconds, offering you a
"save as..." or "download image..." option. After you download the logo button, you'll want to upload it to
your Internet service provider so that it will appear on your Web site. Visit your Internet service provider's
online documentation to learn what steps are necessary for uploading your HTML files and graphics.
OTHER PROVISIONS
The Terms and Conditions of Service will be interpreted, construed and enforced in accordance with the laws of
Ontario (without regard to provisions of conflicts of laws). User irrevocably consents to the jurisdiction of
the courts in Ontario, and the federal courts situated in Ontario in connection with any action to enforce the
provisions of the Terms and Conditions of Service, to recover damages or other relief for breach or default
under the Terms and Conditions of Service, or otherwise arising under or by reason of the Terms and Conditions
of Service.
Notices to be provided under the terms of these Terms and Conditions of Service will, except as otherwise
expressly provided herein, be delivered by either party hereto by certified mail return receipt requested or
Idylltyme Sports & Marine may deliver such notice by e-mail through Idylltyme Sports & Marine. All such notices
will be deemed delivered when the notice is placed in the Mail, or in the case of an e-mail by Idylltyme Sports
& Marine, upon the User's accessing Idylltyme Sports & Marine.
The failure of either User or Idylltyme Sports & Marine to insist upon or enforce strict performance by the
other party of any provision of the Terms and Conditions of Service or to exercise any right under the Terms
and Conditions of Service will not be construed as a waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision or right in that or any other instance; rather, the same will
be and remain in full force and effect.
User represents to Idylltyme Sports & Marine that the User has the authority to accept these Terms and
Conditions of Service.
These Terms and Conditions of Service constitute the entire understanding between the parties as to the subject
matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of
these Terms and Conditions of Service will, at the election of Idylltyme Sports & Marine, be deleted or
modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions of
Service will remain valid and enforceable.
|
|
