Terms and Conditions of Use
You, the user, hereby agree to the following terms and conditions of
Blackhorse Motorcycles Inc. (herein referred to as "the company") in the
use of
www.toronto.uk.com and its third party software providers as
per the laws of Canada in the jurisdiciton of Toronto, Ontario, Canada.
1. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated.
This means that you are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the
Service. The company does not control the Content posted via the
Service 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, pornographic, indecent or
objectionable. Under no circumstances will the company or its agents be
liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
2. Use of
www.toronto.uk.com and its third party software
providers
You agree to not use the Service to
- upload, post, email,
transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or
entity, including, but not limited to, an official,
forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise
manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
- upload, post, email,
transmit or otherwise make available any Content that you do not
have a right to make available 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);
- upload, post, email,
transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party; This includes linking to or
redirecting to any content or copyright files hosted on a 3rd party
resource / servers.
- upload, post, email,
transmit or otherwise make available 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) that are designated for
such purpose (please read our complete Spam Policy);
- upload, post, email,
transmit or otherwise make available 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;
- upload, post, email,
transmit or otherwise make available any material that is of
broadcast / streaming types.
- upload, post, email,
transmit or otherwise make available any material that is of
keylogging / proxy service / irc / shell(s) if any type / file
hosting / file sharing types.
- upload, post, email,
transmit or otherwise make available any material on free hosting
accounts that is of pornographic nature.
- 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;
- intentionally or
unintentionally violate any applicable local, provincial,
territorial, treaty country of Canada, national or
international law, including, but not limited to, regulations
promulgated in Canada, or any
rules of any national or other securities exchange;
- provide material support or
resources (or to conceal or disguise the nature, location, source,
or ownership of material support or resources) to any unlawful
organization(s) designated by the Canadian government;
- "stalk" or otherwise harass
another; and/or
- upload, post, email,
transmit or otherwise material for the purposes of file
distribution, relay, or streaming reasons.
- collect or store personal
data about other users in connection with the prohibited conduct and
activities set forth in paragraphs 1 through 15 above;
- interfere or violate any
provision of the Ontario Human Rights Code of Ontario
3.
USE OF COPYRIGHT MATERIAL AND PROOF OF
OWNERSHIP OF CONTENT
Sites must not contain Warez, copyright or other illegal material
including links or redirects to copyright material hosted on 3rd party
websites / resources. The onus is on you the customer to prove that you
own the rights to publish material, not for the company to prove that
you do not. The company does not allow the propagation or distribution
of copyright material, files or warez under any circumstances.
4. CONTRIBUTIONS TO THE COMPANY and
www.toronto.uk.com
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to the company through any and all forms of media and
communications, you acknowledge and agree that:
- your Contributions do not contain confidential
or proprietary information;
- the company is not under any obligation of
confidentiality, express or implied, with respect to the
Contributions that are made public by you through any form of
communication;
- the company shall be entitled to use or
disclose (or choose not to use or disclose) such Contributions made
in public by you for any purpose, in any way, in any media
worldwide;
- the company may have something similar to the
Contributions already under consideration or in development and has
no obligation to disclose to you;
- your Contributions automatically become the
property of the company without any obligation of the company to
you, subject to intellectual property law and copyright law;
- you are not entitled to any compensation or
reimbursement of any kind from the company unless a written contract
is formally entered into between you and the company.
5. INDEMNITY AND NEGLIGENCE WAIVER CLAUSE
You agree to indemnify and hold harmless the company, its subsidiaries,
affiliates, officers, agents, employees, partners, licensors, licensees,
and third parties from any claim or demand, including reasonable legal
fees, arising out of Content you submit, post,
transmit or otherwise make available through the Service, your use of
the Service, your connection to the Service, your violation of the Terms
of Service, or your violation of any rights of another.
You agree to hold harmless the company, its subsidiaries,
affiliates, officers, agents, employees, partners, licensors and
licensees from any and all financial and non-financial damages incurred by you caused by interruptions of services which may or may not be the indirect or direct fault of the
company and its agents, including but not limited to acts of negligence,
errors, or omissions and you do hereby waive your right to sue in a
court of law or arbitration authority so recognized in Canada or
international jurisdiction.
6. PRIVACY CLAUSE
The company shall keep your personal identifying information
private and shall not disclose it to third parties unless required by
judicial warrant or court order. However, internet browser cookies may
be used to earn ad revenues (Google Ads) for the company. The company is
also aware that some of its user data is stored and processed by bona
fide third party service providers, directly or incidentally, in order
to receive their specific online software services (including but not limited to Formidable Ads,
Caspio, Wordpress, OpenSim, Second Life), but such operational
activities of the company are not directed at the purpose of selling or sharing
your private user information in exchange for compensation. The user
agrees that should they (the user) wish to disable such cookies and
enable ad blockers as they see fit to maximize their privacy, the
company makes no objection, insofar that the user accepts that
unilateral action taken by them (the user) may interfere with the actual functionality
of services described herein, potentially resulting in damages, direct
or indirect, for which the user shall bear such losses alone and hold
harmless, by waiving any recourse to a court of law or arbitration
authority, against the the company, its subsidiaries, affiliates,
officers, agents, employees, partners, licensors, and licensees and third party
providers.
7. ADDITIONS AND DELETIONS FROM THE TERMS OF SERVICE
The user hereby agrees that the company reserves the right to
materially amend these
Terms and Conditions in order to reflect changes in business conditions
or regulatory requirements without notice or monetary compensation to
the user.
8. ARBITRATION CLAUSE
In the event of a legal dispute which both you and the company
cannot resolve to the satisfaction of either party, you agree to
arbitration in the jurisdiction of Toronto, Ontario, Canada. The company
shall reserve the right to select an arbitrator but consult with you in the
selection of such an arbitrator in a manner that is fair and in
accordance with the principles of justice. You and the company shall
agree to arbitrate the matter in Toronto, Ontario, Canada. The
arbitrator shall render their decision on awarding costs, damages, and
legal fees which you shall be fully liable for paying yourself if found so responsible.
It is agreed by both parties that the arbitrator shall be a
practicing and insured lawyer in good standing with the Law Society of Ontario.
Both you and the company reserve the right to retain independent legal
counsel for
which each party shall fully bear their own upfront costs of legal
representation.
You agree that the decision made by the arbitrator is final and
legally binding and that you and the company shall both waive your rights to an
appeal to the judiciary.