Salt Spring Media Ltd. owns and operates The Salt Spring Exchange and its related services. By accessing and using this website and related email list service you are indicating your acceptance to be bound by the terms and conditions of this agreement. If you do not accept these terms and conditions, you must not access or use the web site or related services. From time to time, Salt Spring Media Ltd. may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may choose not to use the site.
1. User Consent to Terms and Conditions of Service.
You represent that you have read and agree to be bound by the terms and conditions of service (“TOS”) for The Salt Spring Exchange. You further agree: (a) to comply with Canadian law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.
2. Interactive Features.
(A) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials contained in the Service (collectively, the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Salt Spring Exchange, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. The Salt Spring Exchange does not control the Content posted via the Service by third-parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Salt Spring Exchange be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to: (i) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an Salt Spring Exchange official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
(B) By posting messages, uploading files, or otherwise providing any material to us for display on the Service, you are granting The Salt Spring Exchange a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to publicly display any such material on the Service and in other communication services and platforms such as social media networks and newsletters, etc. for the promotion of the material itself and/or the Service. You remain the owner of all material you post on the Service and at any time may request its removal from our Service.
(C) The Salt Spring Exchange shall have the right, but not the obligation, to monitor the content of the site, including email lists, newsletters, chat rooms, forums , to determine compliance with this Agreement and any operating rules established by The Salt Spring Exchange and to satisfy any law, regulation or authorized government request. The Salt Spring Exchange shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The Salt Spring Exchange. Without limiting the foregoing, The Salt Spring Exchange shall have the right to remove any material that The Salt Spring Exchange, in its sole discretion, finds to be in violation of the provisions of the TOS or otherwise objectionable.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS.
4. Rights Reserved.
All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to The Salt Spring Exchange for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use The Salt Spring Exchange’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without The Salt Spring Exchange’s prior written approval.
5. Fees and Payments.
The Salt Spring Exchange reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time The Salt Spring Exchange requires a fee for portions of the Service or the Service as a whole, The Salt Spring Exchange will require you to modify your existing account to facilitate payment. In no event will you be charged for access to portions of the Service or to the Service unless The Salt Spring Exchange obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by The Salt Spring Exchange or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless The Salt Spring Exchange receives all fees and charges payable by you, including the Prepaid Fee.
6. Registration and Account Creation.
As part of the registration and account creation process necessary to obtain access to the Service, you will provide The Salt Spring Exchange with certain registration information, all of which must be accurate and updated. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify The Salt Spring Exchange by contacting us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other information. You are solely responsible for all usage or activity on your The Salt Spring Exchange account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in The Salt Spring Exchange’s sole discretion, and The Salt Spring Exchange may refer you to appropriate law enforcement agencies. You may terminate your account at anytime by contacting us with a request. Upon termination, you will receive an confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred, if applicable up to the time the account is terminated.
7. Disclaimer and Limitation of Liability.
(A) You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, Content, services, goods or advertisements (the “Items”) are provided “AS IS” and that The Salt Spring Exchange makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. The Salt Spring Exchange does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features. You agree that The Salt Spring Exchange, its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of The Salt Spring Exchange, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against The Salt Spring Exchange by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by The Salt Spring Exchange. The Salt Spring Exchange is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. The Salt Spring Exchange does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. The Salt Spring Exchange is also not responsible for the reliability or continued availability of the telephone, cable or other lines or equipment you use to access the Service. You understand that The Salt Spring Exchange and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(B) You acknowledge that (i) the Service is provided for information purposes only and is not intended for trading purposes. (ii) The Salt Spring Exchange does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (iii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which The Salt Spring Exchange is a party. Accordingly, anything to the contrary herein set forth notwithstanding, The Salt Spring Exchange, its officers and employees, parent, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i)inaccuracies or errors in or omissions from the Service. (i)delays, errors or interruptions in the transmission or delivery of the Service; or (ii)loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(C) Under no circumstances, including but not limited to negligence, shall The Salt Spring Exchange, its suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an The Salt Spring Exchange authorized representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the TOS, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall The Salt Spring Exchange’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or gross negligence) exceed the greater of the amount paid by you, if any, for accessing this site.
8. Representations and Warranties.
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least fourteen (14) years old or have obtained parental or guardian permission to enter into this agreement; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
You agree, at your own expense, to indemnify, defend and hold harmless The Salt Spring Exchange and its employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against The Salt Spring Exchange, its employees, representatives, suppliers and agents, by a third party, arising out of any communications or materials you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, legal fees and costs on a solicitor and own-client basis awarded against or otherwise incurred by The Salt Spring Exchange in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. This indemnification and hold-harmless shall survive termination of the TOS.
Either you or The Salt Spring Exchange may terminate the TOS with or without cause at any time and such termination shall be effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. These TOS will terminate immediately without notice from The Salt Spring Exchange if you, in The Salt Spring Exchange’s sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by The Salt Spring Exchange, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through twelve (2-12) and fourteen through nineteen (14-19) shall survive any termination of the TOS.
11. Governing Law.
These TOS shall be governed and construed in accordance with the laws of Canada and the Province of British Columbia, without giving effect to conflicts-of-law principles thereof. You agree to attorn to the jurisdiction of the courts of Vancouver, British Columbia, Canada with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
12. Access Outside Canada.
The Salt Spring Exchange does not represent that materials in the Service are appropriate or available for use in countries outside Canada. If you choose to access the Service from outside Canada, you are responsible for compliance with foreign and local laws.
You accept that The Salt Spring Exchange has the right to change the content or technical specifications of any aspect of the Service at any time at The Salt Spring Exchange’s sole discretion. You further accept that such changes may result in your being unable to access the Service.
The section titles in the TOS are used solely for the convenience of you and The Salt Spring Exchange and have no legal or contractual significance.
If any provision or portion of any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in full force and effect.
16. Entire Agreement.
The TOS and any other terms and conditions of service on The Salt Spring Exchange, and its successor, constitute the entire agreement between you and The Salt Spring Exchange and govern your use of the Service.
17. Intellectual Property Issues.
The Salt Spring Exchange respects the rights of all copyright holders and in this regard, The Salt Spring Exchange has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Salt Spring Exchange Copyright Agent the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyright 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;
C. 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;
D. Information reasonably sufficient to permit us to contact the complaining party;
E. 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
F. 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.