PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF Oakville Chit Chat WEBSITE CAREFULLY. THESE TERMS OF CONDITIONS GOVERN YOUR USE OF THE Oakville Chit Chat WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.
These Terms and Conditions (“TOC”) apply to all users of the Oakville Chit Chat website (the “Site”). By using this Site (including any content posted on the Site), you signify your acceptance of these TOC, as well as the Privacy Policy and the Oakville Chit Chat Privacy Policy, which are incorporated by reference into these TOC and made a part hereof. Oakville Chit Chat reserves the right to update or change these TOC at any time by posting the most current version of the TOC on the Site. Your continued use of the Site after we post any changes to the TOC signifies your agreement to any such changes. If you do not agree to these TOC, you must discontinue using the Site and terminate your membership in Oakville Chit Chat.
Website Access
TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 16 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 16 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.
Registering as a Member
You do not have to be a Oakville Chit Chat Member to use this Site. You do, however, need to register to participate in social networking (e.g. forums) or other such services offered on the site that we may offer in the future (the “Services”). Registration is free. If you are not registered with us, please click here to register and become eligible for all of Oakville Chit Chat’s features.
When you register with Oakville Chit Chat, you will be asked to provide us with information. This information must be true. If Oakville Chit Chat has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify Oakville Chit Chat of any known or suspected unauthorized use of a Member’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member’s password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member. Members may share an account (using one screen name and password) if the account is being used for legitimate group discussions and if it is clearly disclosed that it is a group account.
How You Can Use the Services
This Site and the Services offered are intended for your personal, noncommercial use in accordance with these TOC. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Oakville Chit Chat’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.
You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Oakville Chit Chat. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component
Controlling your Personal Information
You should also be aware that any information that is made public on the Site will be searchable by other search engines. In addition, even if that content is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, we caution you to be very careful about posting personal information to the Site.
User Submissions
Forum content on Oakville Chit Chat is submitted by our Members. We encourage you to take advantage of the many opportunities to interact with Oakville Chit Chat Members by posting and reading content and participating in online discussions.
You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.
All content that you post to Oakville Chit Chat must comply with these TOC and the Oakville Chit Chat Privacy Policy. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You agree that you will not upload, email, transmit, or otherwise make available any content that is:
threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
any materials that contain an email address, telephone number, street address, last name, or any other content or information that identifies a user;
any materials that constitute spam. Sending the same message multiple times or to multiple people will be treated as spam.
We permit advertising only in specified areas of the Site that are specifically designated for advertising.
By submitting content to the Site, you grant to Oakville Chit Chat and its successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the content without your prior approval or the payment of any compensation. You also grant each user of the Oakville Chit Chat Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these TOC.
User Conduct
As an online community, we will thrive only if we can rely on our Members to act responsibly. We believe that all Members and visitors benefit from basic rules for acceptable conduct while using the Site and the Services. These rules have been encoded into our Privacy Policy. By using the Site, you agree to comply with the Privacy Policy.
Our Content Removal Rights
We reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that (i) the content violates these TOC or the Privacy Policy, (ii) removal is necessary to protect the rights, property or personal safety of Oakville Chit Chat, its users and the public, or (iii) if required to do so by law. We also reserve the right to remove postings that are off the subject or not in English. We can also remove content if we believe that doing so will improve our Site and the experience of our Members.
If you belief that any postings on the Site violate these TOC or the Privacy Policy, please let us. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these TOC or Privacy Policy have been violated and we will determine what, if any, action should be to taken.
Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as “private,” if we have reason to believe that the content or the Member posting the content has violated these TOC or the incorporated Privacy Policy, or has engaged in conduct that is fraudulent, deceitful, unlawful or is or could be a threat to persons or property.
Proprietary Rights
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by Oakville Chit Chat or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Oakville Chit Chat owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.
All trademarks appearing on this Site (“Marks”) are trademarks of their respective owners, including Oakville Chit Chat and its partners. Users are prohibited from using any Marks without the written permission of Oakville Chit Chat or such third party that may own the Marks.
Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Oakville Chit Chat’s prior written consent. You may download content for your personal, non-commercial use only as provided in these TOC, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Oakville Chit Chat. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER Oakville Chit Chat PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Age Requirements
You must be at least 16 years old to join Oakville Chit Chat and to use the Services. The Oakville Chit Chat Site and Services is not intended for children under the age of 16. Oakville Chit Chat does not knowingly collect personal information from children under the age of 16.
Communications from Oakville Chit Chat
By registering for Oakville Chit Chat, you will receive online communications from Oakville Chit Chat.
Links
The Site, or Members, may provide links to other World Wide Web sites or resources. Because Oakville Chit Chat has no control over such sites and resources, you acknowledge and agree that Oakville Chit Chat is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Oakville Chit Chat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Oakville Chit Chat, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOC, applicable law or the rights of any third party.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Oakville Chit Chat MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT Oakville Chit Chat DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOC, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, Oakville Chit Chat DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT Oakville Chit Chat IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. Oakville Chit Chat ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Oakville Chit Chat OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF Oakville Chit Chat HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).
Access Restrictions; Termination
We can suspend or terminate your membership in Oakville Chit Chat and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at Oakville Chit Chat’s sole discretion, you fail to comply with any of the TOC or the Privacy Policy. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the TOC shall survive.
You understand and agree that your membership in Oakville Chit Chat is subject to and conditioned upon the following: Your continued adherence to these TOC and the Privacy Policy and any future modifications thereto. Your violation of these TOC, the Privacy Policy, or any other agreement between you and Oakville Chit Chat constitute grounds for immediate termination of your membership without further notice at Oakville Chit Chat’s sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Oakville Chit Chat community. Termination of your membership will result in cancellation of all rights of access and use granted to Members. Oakville Chit Chat reserves the right to change, discontinue or suspend Oakville Chit Chat or any of the Services at any time for any reason. Oakville Chit Chat shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOC or the Privacy Policy. Any decision Oakville Chit Chat makes relating to termination or suspension of any Member’s account shall be final and binding. Oakville Chit Chat may terminate any Member’s account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she has not logged into the Site with her screen name and password, or contacted Oakville Chit Chat in any other manner. In addition, if you have been inactive for three (3) months, we may take down any phoTOC that you have posted to your profile or anywhere else on the Site.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may order services, merchandise or other products through our Site from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Miscellaneous
These TOC are the entire agreement between you and Oakville Chit Chat. They supersede any and all prior or contemporaneous agreements between you and Oakville Chit Chat relating to your use of the Site or the Services. If any part of these TOC is determined to be invalid or unenforceable, it will not impact any other provision of these TOC, all of which will remain in full force and effect. The failure of Oakville Chit Chat to partially or fully exercise any rights or the waiver of Oakville Chit Chat of any breach of these TOC by you, shall not prevent a subsequent exercise of such right by Oakville Chit Chat or be deemed a waiver by Oakville Chit Chat of any subsequent breach by you of the same or any other term of these TOC. The rights and remedies of Oakville Chit Chat under these TOC and any other applicable agreement between you and Oakville Chit Chat shall be cumulative, and the exercise of any such right or remedy shall not limit Oakville Chit Chat’s right to exercise any other right or remedy.
Copyright Infringement
If any pictures, videos or material have been used that would warrant a copyright infringement, please notify us at chitchat@michaeljacksonchitchat.com so that we can remove the material. We have done our best to acknowledge where material has come from. YouTube videos can be removed at any time. We are simply copying existing material already circulated over the Internet.
These TOC are governed by, and will be interpreted in accordance with, the laws of the Ontario, Canada, without regard to any choice of law provisions.
