TERMS AND CONDITIONS
You understand that all listings, messages, comments, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. You understand that Classicanada does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Classicanada site and Content available through the website may contain links to other websites, which are completely unrelated to Classicanada. Classicanada makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Classicanada be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that Classicanada does not pre-screen or approve Content, but that Classicanada will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
|3. NOTIFICATION OF CLAIMS OF INFRINGEMENT||
If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify a Classicanada agent for notice of claims of copyright or other intellectual property infringement ("Agent"), via the customer care links on Classicanada.
Please provide our representatives with the following Notice:
Classicanada will remove the infringing listing(s).
|4. PRIVACY AND INFORMATION DISCLOSURE||By using this website acknowledge and agree that Classicanada may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (for example phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harrassment; protect the rights, property, or personal safety of Classicanada, its users or the general public.|
You agree not to post, email, or otherwise make available Content: * that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
* that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
|6. NO SPAM POLICY||You understand and agree that sending unsolicited email advertisements to Classicanada email addresses or through Classicanada computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in New York. Any unauthorized use of Classicanada computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.|
|7. LIMITATIONS ON SERVICE||You acknowledge that Classicanada may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Classicanada has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Classicanada reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Classicanada shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.|
|8. TERMINATION OF SERVICE||You agree that Classicanada, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Classicanada believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Classicanada shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.|
|9.DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS||
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Classicanada shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Classicanada is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Classicanada, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Classicanada is a registered mark in the U.S. Patent and Trademark Office. Although Classicanada does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Classicanada an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
|10. DISCLAIMER OF WARRANTIES||YOU AGREE THAT USE OF THE Classicanada SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Classicanada SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Classicanada DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Classicanada SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Classicanada DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Classicanada SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Classicanada SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Classicanada DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Classicanada SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.|
|11. LIMITATIONS OF LIABILITY||UNDER NO CIRCUMSTANCES SHALL Classicanada BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Classicanada HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Classicanada SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Classicanada SITE OR THE SERVICE, FROM INABILITY TO USE THE Classicanada SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Classicanada SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Classicanada SITE OR THE SERVICE OR ANY LINKS ON THE Classicanada SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Classicanada SITE OR THE SERVICE OR ANY LINKS ON THE Classicanada SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.|
|12. INDEMNITY||You agree to indemnify and hold Classicanada, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.|
|13. GENERAL INFORMATION||The Terms constitute the entire agreement between you and Classicanada and govern your use of the Service, superceding any prior agreements between you and Classicanada. These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise. The failure of Classicanada to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.|