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Terms and conditions for use of
the Ottawa Freelance directory
This terms of service agreement (hereinafter
referred to as the "Agreement") sets forth the contractual
agreement between Ottawa Freelance, having its principle place
of business in Ottawa, Ontario (referred to herein collectively
as "Ottawa Freelance," "Ottawa Freelance.com,"
"we," "us," "our") and you (referred
to herein collectively as "company," "you,"
"your", "customer", "user" and/or
"registered user") who agrees to the terms of this agreement
by clicking the "I AGREE" checkbox on the User Registration
form.
The following are the terms and conditions for use of the Ottawa
Freelance services (including but not limited to, use of this
website and any other related services). The terms and conditions
also apply to any new services which may be offered by Ottawa
Freelance in the future.
Your use of our services indicates your agreement to abide by
our most recent Terms of Service Agreement as displayed on this
website.
The Ottawa Freelance service and all related services offered
through this website are offered to you conditioned on your acceptance
without any modification to the terms and conditions contained
in this Agreement.
If you do not accept the terms and conditions contained in the
Agreement in their entirety, you are not authorized to use this
website.
1. PROTECTION OF COPYRIGHTS AND TRADEMARKS
The Website contains trademarks and other
material furnished by Ottawa Freelance, its licensors, and other
users. You should assume that everything you see or read in publicly
viewable areas of the Website that was not furnished or received
by you (such as images, photographs, illustrations, text and other
materials) ("Website Content") is copyrighted unless
otherwise noted. You may not sell, reproduce, distribute, modify,
display, publicly perform, prepare derivative works based on,
repost or otherwise use any of the Website Content in any way
for any public or commercial purpose without prior written consent
of Ottawa Freelance or the rights holder. You may not use the
Website Content on any other website or in a networked computer
environment for any purpose except your own personal viewing.
In order to protect Ottawa Freelance and its Licensor's trade
secrets, you agree that you will not 'reverse engineer' any Website
Content consisting of downloadable software, unless specifically
authorized by the trade secret owner or otherwise permitted by
law.
2. RELATIONSHIP OF PARTIES
A. Your relationship and correspondence with
users on Ottawa Freelance site, including the development and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such user. You agree not to hold Ottawa Freelance liable
for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such users of
the website.
B. By accepting this agreement, you acknowledge
that Ottawa Freelance does not provide any development tools or
delivery mechanisms for any project deliverables between users.
3. OWNERSHIP
The website and all intellectual property
rights related to the website, including but not limited to copyrights,
trademarks, service marks and any feedback left by users on the
website, are owned or licensed by Ottawa Freelance, and all right,
title and interest in the website and the related intellectual property
rights remain the property of Ottawa Freelance. You may not reproduce,
reverse engineer, decompile, disassemble, modify or create derivative
works with respect to the website or any related intellectual property,
including any services provided via the Ottawa Freelance website.
4. MODIFICATION OF SERVICE
Ottawa Freelance reserves the right to modify,
add, or remove all services and features of the website at any time.
5. INDEMNIFICATION
You agree that you shall indemnify, defend
and hold harmless Ottawa Freelance and its officers, directors,
employees, agents, owners and shareholders from and against any
costs, expenses (including, among other expenses, reasonable attorneys'
fees and expenses), losses, damages (specifically including, but
not limited to, incidental, consequential, exemplary, special, indirect
or punitive damages), suits, claims or liabilities incurred and
arising from or relating to your use of Ottawa Freelance services.
6. TERMINATION OF SERVICE
Ottawa Freelance has the right to instantly
cancel, delete, or otherwise disable your account or portions of
your account, with or without warning.
7. ASSIGNMENT
You shall not sell, transfer, or assign this
Agreement without the prior written consent of Ottawa Freelance.
Any unauthorized transfer or assignment shall be null and void;
provided, however, that any such assignment shall not relieve user
of its obligations under this Agreement. Ottawa Freelance has the
right to transfer or assign this Agreement to any other person or
entity without your consent.
8. MODIFICATION
This Agreement may be modified by Ottawa
Freelance at any time. It is your responsibility to periodically
review any updates to this agreement to determine if any modifications
affect you or your business.
9. GOVERNING LAW
Interpretation and enforcement of this Agreement
shall be governed by the internal laws of the state of California.
You consent to jurisdiction in the federal and state courts sitting
in the central district of California and the city of Los Angeles,
respectively for any action arising out of or relating to your use
of Ottawa Freelance services. The federal and state courts of Los
Angeles County shall have exclusive jurisdiction over all such actions.
If any provision of this Agreement shall be held invalid or unenforceable
in whole or in part for any reason, such provision shall be ineffective
to the extent of such invalidity or unenforceability without in
any manner affecting the validity or enforceability of any of the
remaining provisions of this Agreement.
10. ATTORNEY FEES AND COSTS
If any action is brought by you against Ottawa
Freelance under this Agreement, and Ottawa Freelance prevails, Ottawa
Freelance shall be entitled to recover from you its actual costs
and reasonable attorney fees and all other litigation costs, including
expert witness fees, and all actual attorney fees and litigation
costs incurred in connection with the enforcement of a judgment
arising from such action or proceeding. The provisions of the preceding
sentence shall be severable from the provisions of this Agreement
and shall survive the entry of any such judgment.
11. TERMINATION FOR IMPROPER USE
Infractions of this Agreement or the acceptable
use policies set forth in this Agreement by you can result in immediate
termination of your accounts without reimbursement. Ottawa Freelance
may make exceptions in the case of individual abusive users. This
decision is left entirely to the discretion of Ottawa Freelance.
12. ACCEPTABLE USE POLICY
As consideration for use of the Ottawa Freelance
website pursuant to this Agreement, you agree to the following stipulations
relating to acceptable use of the Ottawa Freelance website. You
agree not to use the Ottawa Freelance website to:
A. Intentionally or unintentionally
violate any applicable local, state, national or international law,
including, but not limited to, any regulations having the force
of law.
B. Impersonate any person
or entity, including, but not limited to, a Ottawa Freelance official
or employee or falsely state or otherwise misrepresent your affiliation
with a person or entity;
C. Employ misleading e-mail
addresses or falsify information in the header, footer, return path
or any part of any communication, including e-mails, transmitted
through the Ottawa Freelance website;
D. Upload, post, e-mail,
otherwise transmit or post links to any content that you do not
have a right to transmit under any law or regulation or under contractual
or fiduciary relationships (such as inside information, or proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
E. Upload, post, e-mail
or otherwise transmit or post links to any content that facilitates
hacking;
F. Upload, post, e-mail,
otherwise transmit or post links to any content that infringes any
patent, trademark, service mark, trade secret, copyright or other
proprietary rights of any party or contributing to inducing or facilitating
such infringement.
G. Upload, post, e-mail,
otherwise transmit or post links to any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes" or any other
form of solicitation, except in those areas that are designated
for such purposes;
H. Upload, post, e-mail,
otherwise transmit or post links to any material that contains software
viruses, worms, trojan horses, time bombs, trap doors or any other
computer code, files or programs or repetitive requests for information
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment or
to diminish the quality of, interfere with the performance of, or
impair the functionality of the Ottawa Freelance website;
I. Upload, post, e-mail,
otherwise transmit or post links to any content, or select any member
or user name or e-mail address, that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic,
libelous, invasive of privacy or publicity rights, hateful or racially,
sexually, ethnically or otherwise objectionable;
J. Upload, post, e-mail,
otherwise transmit or post links to any content that promotes illegal
activity, including without limitation the provision of instructions
for illegal activity;
K. Collect or store personally
identifying information about other users for commercial or unlawful
purposes;
L. Upload, post, e-mail
or otherwise transmit or post links to any material, or act in any
manner that is offensive to these stipulations of acceptable use.
13. PRIVACY AND CONFIDENTIALITY
A. Your use of the website
and the services provided therein is governed by the terms of this
Agreement and the Ottawa Freelance Privacy Policy, which is incorporated
in its entirety by reference into this Agreement. The Privacy Policy
is posted on the website and may be updated or revised from time
to time. If at any time you are not in compliance with the Privacy
Policy, we have the right to terminate your rights of use and access
to the website and to terminate this Agreement. We may be required
by law to disclose information to government authorities, law enforcement
agencies or third parties, upon subpoena, and you authorize us to
disclose information as we believe, in our sole discretion, is necessary
or appropriate.
B. Any Login Identification
(Login Name) and password, and any authorization codes or similar
verification identifiers should be maintained by you as confidential
and should not be disclosed to third parties. It is your responsibility
to change your Login Name and password and/or authorization codes,
if it becomes necessary, through the "My Account" section
of the website.
14. WARRANTIES
A. While Ottawa Freelance
makes reasonable efforts to provide its services without errors
or inaccuracies on our website, we make no representations as to
the accuracy, completeness, error free nature of services/material
on the website, or timeliness of those materials/services, and you
should not rely upon it.
B. The services provided
by Ottawa Freelance are "AS IS," "WHERE IS."
Ottawa Freelance DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
FOR THE SERVICES TO BE PROVIDED BY Ottawa Freelance UNDER THIS AGREEMENT
.
C. IN ADDITION, Ottawa Freelance
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RELIABILITY,
IDENTITY, OR QUALITY OF ANY USER OR THIRD PARTY YOU MAY ENCOUNTER
ON OUR WEBSITE, NOR DOES Ottawa Freelance MAKE ANY REPRESENTATIONS
OR WARRANTIES AS TO THE ACCURACY OF ANY POSTINGS MADE ON THE WEBSITE
BY ANY USER.
D. Each party represents
and warrants that it has the right and/or full corporate power and
authority to enter into this Agreement.
15. LIMITATION OF LIABILITY
YOU AGREE TO USE THIS WEBSITE, ANY OR ALL
OF OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR
OWN RISK. Ottawa Freelance is not responsible or liable for any
LOSS WHATSOEVER that you may incur by using our services or any
material from our website.
UNDER NO CIRCUMSTANCES, SHALL OTTAWA FREELANCE OR ANYONE ELSE INVOLVED
IN ADMINISTERING, DISTRIBUTING OR PROVIDING OTTAWA FREELANCE SERVICES,
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST
PROFITS OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
OTTAWA FREELANCE SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO OTTAWA FREELANCE RECORDS, PROGRAMS OR SERVICES, OR LOSSES
OR DAMAGES INCURRED BY YOU FROM VISITING THIRD PARTY WEBSITES THAT
YOU ACCESS THROUGH OUR WEBSITE, EVEN IF OTTAWA FREELANCE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
16. INFORMATION POSTED ON THE OTTAWA FREELANCE WEBSITE
A. You are solely responsible
for information that you post on the Ottawa Freelance website, including
but not limited to any posting or listing in any public message
area or through email. You grant Ottawa Freelance a non-exclusive,
full, royalty free, irrevocable right to exercise all copyright
and publicity rights with respect to information you post on the
Ottawa Freelance website. Ottawa Freelance does not endorse any
information posted by users and we are not liable for any information
posted by users on our website, including but not limited to any
information posted about you. Ottawa Freelance reserves the right
to take any action with respect to information posted on our website
which we believe is appropriate in our sole discretion with respect
to such information, including but not limited to termination of
this Agreement. However, Ottawa Freelance cannot, and we do not,
control the information provided by you or other users or other
content providers that is made available through our website and
services. Other users' information may be offensive, harmful, inaccurate,
or in some cases may be mislabeled or deceptively labeled. In addition,
Information on the Ottawa Freelance website is provided "AS
IS" "WHERE IS," and may contain errors.
B. The Ottawa Freelance
website provides links to other websites as part of the services
and content on this website. The links include those submitted by
the users of this website. These links will allow you to leave this
website. Any non-Ottawa Freelance website is independent from Ottawa
Freelance and Ottawa Freelance has no control over the content of
any such sites. Ottawa Freelance is NOT RESPONSIBLE OR LIABLE for
any content on or any changes to these external websites. Ottawa
Freelance makes no representations whatsoever about any other website
that you may access through the Ottawa Freelance website.
C. You understand and agree
that by providing a link to a non Ottawa Freelance (any website
outside the Ottawa Freelance.com domain) website, Ottawa Freelance
DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the content, or
the use of such sites. You also understand that it is solely your
responsibility to make sure that any non-Ottawa Freelance website
you may access through the Ottawa Freelance website or services
is free from any content of destructive nature including but not
limited to robots, viruses, trojan horses, time bombs, trapdoors
and worms. Ottawa Freelance is not responsible or liable for any
material or transmission that you may receive (both electronic and
non-electronic) from any of these other websites. Ottawa Freelance
WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED
WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF ANY DATA OR OTHER
PROGRAMS, ANY LOST PROFITS, ANY LOST BUSINESS OR LOSS OF ANY OTHER
NATURE WHATESOEVER, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGES.
17. ENTIRE AGREEMENT
The parties acknowledge that this agreement,
and any modifications to this agreement, constitute the complete
agreement regarding this subject and supersede any prior oral or
written communications relating to this subject.
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