Terms & Conditions
- In this Terms and Conditions, the below words and phrases shall bear the following definitions:
- By “We” or “The Company” we mean, Dadgar Inc., which its registered office is located at 4 Colborne Street, Thornhill, ON L3T, Canada and its websites domains are “dadgar.info” & “dadgar.ca”
- By “Content” we mean any sort of data, article and information ( in any format & shape), including without limitation text, pictures, photographs, graphics, audio or video whether produced & published at the time of existing or not, whether copyright of Dadgar Inc or of a third party and which is expressed or transferred to the User via dadgar.ca or dadga.info
- By “User” we mean any person who directly or indirectly visits, uses or access “dadgar.info” or “dadgar.ca”.
- By “The Website” we mean “dadgar.ca” or “dadgar.info”
USE OF THE WEBSITE
- By visiting, accessing or using the Website the User consents to completely comply with the following Terms and Conditions, compromising the acceptance of liability clauses stated in clauses number 4, 5 and 11 and limitations and exclusions of the Company’s liability to the User as lay out particularly in clause 12. If the User does not wish to be tied by the above limitation he/she should leave the website immediately and not use this website and its content in the future.
(a) unique username assigned to a User by the Company, and/or
(b) password chosen by that User and approved by the Company
are not transferable in any circumstances, and the User must do everything possible to keep them confidential and secure. The User shall advise the Company immediately if any sort of unauthorized accessed/use comes to his/her attention.
- The User is liable against any damaged resulted by any unauthorized use of his/her username and password, including access or use by a third party where the User has permitted or assisted that third party to have access to any Content.
- The User is liable for all costs, claims, demands or expenses incurred by or made against the Company and/or The Website due to any breach of these Terms and Conditions by the User and/or by any third party allowed or assisted by that User to have access to any Content, howsoever arising.
SUBMITTING MATERIAL TO WEBSITE
- In order to submit material or comment to the website the User may be required to register a unique username and password in accordance with clause 3. In this case the User is responsible to not malevolently create other registration accounts with the intention to abuse the content and functionality of the website, or other users’ comments and material; nor to attempt to pass his/herself off as another User.
- The Company reserves the right to prohibit access to all our websites by any person(s) at its sole discretion, from which point any username and password will be rendered ineffective.
- Any submission of Content/Comment by the User (“Contributed Content”) will be on the following terms:
8.1 The User permits the Company a non-exclusive, non-transferable, permanent, royalty-free, worldwide license to publish, produce or use the Contributed Content in any format, including in other products of the Company (including the paper magazine). The license shall include the right for any User to access and use the Contributed Content in accordance with clause 9.
8.2 The User guarantees to the Company that all rights including intellectual property and moral rights in Contributed Content belong to the User or the User has received all essential permissions to submit it to the Company.
8.3 The User guarantees to the Company that any Contributed Content submitted by the user:
(a) is not vulgar, offensive, libelous or slanderous of any person or otherwise in breach of any applicable laws and regulations;
(b) does not involve the private life of any person(s), their personal data, or material which is false, slanderous, vulgar, offensive, threatening, harassing, likely to prejudice legal proceedings which are in contempt of court or unlawful; and
(c) does not violate the copyright or moral rights of any third party.
8.4 The Company may provide a User’s details to a third party where, in the Company’s reasonable opinion, any Contributed Content is in breach of these Terms and Conditions and a third party has a legitimate concern in obtaining those details in order to pursue legal action in relation to the Contributed Content submitted. Each User recognizes that the Company may also be commanded to hand over such information by order of a court of law.
8.5 The Company at its sole discretion reserves the its right to make additions or deletions to, modify, crop or edit Contributed Content prior to publication, or not to publish it in part or in whole. The Company may do so without providing any reason but the User should note that Contributed Content that is off-topic or deemed by the Company to be unnecessarily hostile (offensive) is likely to be declined. In addition the Company may take down postings (including comments) where we think that they may breach the terms of clause 8.3(a) or where a legitimate complaint is made. Our decision is final.
8.6 The Company shall make no payment for Contributed Content received and used under these Terms and Conditions
USE OF MATERIAL
- Subject to clause 16 the User is allowed to download our Content electronically; print extracts and/or make copies of these for his/her own personal and non-commercial use only. This does not involve downloading, capturing, transmitting, storing, displaying, copying or distributing our Content, or extracts from it, in a organized fashion or making a database in any form and shape including all or part of the Content.
- The Company takes its users’ privacy extremely serious. We are committed to safeguarding the privacy of our Users. Please refer to the our privacy & policy.
- The User recognizes that any breach of clause 8 may cause damage or loss to the Company and agrees to indemnify the Company in full against any third party liabilities, claims, costs, loss or damage including indirect (subsequent) losses, as a result of publishing Contributed Content submitted by the User.
- To the extent authorized by law the Company, The Websites and its agents or representatives have no liability whatsoever to the User for any direct, indirect or subsequent loss or special loss or damage, cost or expense suffered or incurred by the User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, violation of copyright or other intellectual properties) caused by use of The Website or from the negligence of its employees or representative or agent or licensors, and whether stated against the Company, the website or against any third party affiliated with its use, inability to use, or results of the use of “dadgar.ca”, any websites linked to it and any Content, including:
12.1 loss of income or revenue;
12.2 loss of business;
12.3 loss of profits or contracts;
12.4 loss of anticipated savings;
12.5 loss of data;
12.6 loss of goodwill;
12.7 wasted management or office time; and
even if predictable, provided that this condition shall not prevent claims for loss of or damage to the User’s tangible assets or any other claims for direct financial loss that are not excluded by any of the items provided above.
This shall not affect the Company’s liability for death or personal injury arising from its failure to provide the necessary provision for fraud or fraudulent misrepresentation, or any other liability which cannot be or limited under applicable law.
- The Company does not make any representation or give any guarantee, either explicit or implicit:
13.1 in relation to any information, goods or services offered, accessed or obtained through The Website;
13.2 in relation to warrantees of title, non-infringement of copyright or intellectual property rights of others, marketability, or suitability for any intention;
13.3 for the content, exactness, accuracy, honesty, legality or otherwise of information on websites over which the Company has no or minimal control;
13.4 as to the suitability of the information and data on The Website for any particular purpose;
13.5 as to the accuracy of the description of any goods; or
13.6 that the information and data on The Website is free of infection by computer viruses, malwares or other contamination, and to the extent authorized by law excludes all situations, warranties and other terms which might otherwise be inferred by statute, common law or the law of equity.
- The Company and its agents or representatives do not endorse, guarantee or in any respect warrant any third party’s products/services due to any advertisement, information, material or content referred to, or included on, or linked from or to our websites
- The Website does not intend to provide advice or consultation. Although care is taken in the preparation of information supplied by The Website, the Company is not liable for Users taking or refraining from taking actions founded upon information provided by dadgar.ca/dagar.info
TRADE MARKS AND INTELLECTUAL PROPERTY
- All rights in dadgar.ca & dadgar.info, the Content, and any other information (including text, audio, video or image) presented on The Website are owned by or licensed to the Company and are reserved.
- All Content other than that submitted by Users on a Dadgar website is the property of the Company. Reproduction without the Company’s consent is strictly prohibited. For such permission Users should write to the Company directly at the registered address.
- Users who wish to advertise on a Dadgar Magazine, other than directly through www.dadgar.ca will find the contact information on the media kit section of our website.
- The Company reserves the right to remove, alter, change or vary our domains (such as www.dadgar.ca) at any time without notice.
- The Company shall endeavor to provide continuous, uninterrupted access to the Website but cannot and does not guarantee to do so, and endure no responsibility or liability for any interruption or delay.
APPLICABLE LAW AND JURISDICTION
- These Terms and Conditions, and the provision of dadgar.ca, are governed by the Laws of Ontario and shall be subject to the exclusive jurisdiction of the Ontario courts.
CHANGES TO TERMS AND CONDITIONS
- The Company reserves its right to vary, edit or amend these Terms and Conditions at any time without giving notice. Users shall review these Terms and Conditions on a regular basis as Users will be deemed to have accepted a variation in continuing to use the site after it has been posted.
Provided Dec 2014