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The Antique Merchants Guild of Toronto - Antiques & Collectables Toronto |
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Access to and use of this site ('rokebys.com') is provided by Rokeby's
subject to the following terms:
- By using rokebys.com you agree to be legally bound by these terms, which shall
take effect immediately on your first use of rokebys.com. If you do not agree to
be legally bound by all the following terms please do not access and/or use
rokebys.com.
- Rokeby's may change these terms at any time by posting changes online. Please
review these terms regularly to ensure you are aware of any changes made.
Your continued use of rokebys.com after changes are posted means you agree to
be legally bound by these terms as updated and/or amended.
- Rokeby's reserves the right to terminate your account at any time for any reason, including if Rokeby's learns that you have
provided false or misleading registration information or have violated the Terms of Use.
- Rokbey's also reserves the right and the sole discretion to
(A) make improvements and/or changes in any service and/or software described in this publication,
including, without limitation, changing or deleting user ID's (B)
cease to provide any service and or software described in this publication to all users
or any number thereof at any time without warning (C) refrain from publishing on this Site
and delete from this Site any information or material provided for display or placed on
the message board and or forums originating from any user.
Use of rokebys.com
You may not copy, reproduce, republish, download, post, broadcast, transmit,
make available to the public, or otherwise use rokebys.com content in any way
except for your own personal, non-commercial use. You also agree not to adapt,
alter or create a derivative work from any rokebys.com content except for your own
personal, non-commercial use. Any other use of rokebys.com content requires the
prior written permission of Rokeby's.
You agree to use rokebys.com only for lawful purposes, and in a way that does
not infringe the rights of, restrict or inhibit anyone else's use and enjoyment
of rokebys.com.
Disclaimers and Limitation of Liability
rokebys.com content, including the information, names, images, pictures, logos
and icons regarding or relating to Rokeby's, its products and services
(or to third party products and services), is provided "AS
IS" and on an "IS AVAILABLE" basis without any representations or any kind of
warranty made (whether express or implied by law) to the extent permitted by
law, including the implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security and
accuracy.
Under no circumstances will Rokeby's be liable
for any of the following losses or damage (whether such losses where foreseen,
foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or
anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of
goodwill or injury to reputation; (f) losses suffered by third parties; or (g)
any indirect, consequential, special or exemplary damages arising from the use
of rokebys.com regardless of the form of action.
The rokebys.com web site is provided on an "as is" basis. Rokeby's expressly disclaims all
warranties of any kind, express or implied, including without limitation any warranty
of merchantability, fitness for a particular purpose or non-infringement.
In no event will Rokebys, or any person or entity involved in creating, producing or distributing
the Rokeby's web site or the content included therein, be liable in contract, in tort
(including for its own negligence) or under any other legal theory (including strict liability)
for any damages, including, without limitation, direct, indirect, incidental, special,
punitive, consequential or similar damages, including, without limitation, lost profits or
revenues, loss of use or similar economic loss, arising out of the use of or inability to
use the rokbys.com web site. You hereby acknowledge that the provisions of this
section shall apply to all use of and content on the rokebys.com web site.
In no event shall Rokeby's total liability to you for all damages, losses and causes of
action whether in contract, tort (including for its own negligence) or under any other legal
theory (including strict liability) exceed the amount paid by you, if any, for accessing the
rokebys.com web site.
This disclaimer of liability applies to any damages or injury caused by any failure of
performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction or
unauthorised access to, alteration of, or use of the rokebys.com web site, under any legal
theory or cause of action.
Rokeby's, its affiliates nor any of their respective employees, agents, third party content providers or licensers warrant that functions contained in rokebys.com content will
be uninterrupted or error free, that defects will be corrected, or that
rokebys.com or the server that makes it available are free of viruses or bugs.
Intellectual Property
The names, images and logos identifying Rokeby's or third
parties and their products and services are subject to copyright, design rights
and trade marks of Rokeby's and/or third parties. Nothing
contained in these terms shall be construed as conferring by implication,
estoppel or otherwise any licence or right to use any trademark, patent, design
right or copyright of Rokeby's, or any other third party.
Contributions to rokebys.com
Where you are invited to submit any contribution to rokebys.com (including any
text, photographs, graphics) you agree, by submitting your
contribution, to grant Rokeby's a perpetual, royalty-free, non-exclusive,
sub-licenseable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, make
available to the public, and exercise all copyright and publicity rights with
respect to your contribution worldwide and/or to incorporate your contribution
in other works in any media now known or later developed for the full term of
any rights that may exist in your contribution. If you do not want to
grant to Rokeby's the rights set out above, please do not submit your
contribution to rokebys.com.
By submitting your contribution to rokebys.com, you warrant that your contribution;
- is your own original work and that you have the right
to make it available to Rokeby's for all the purposes specified above;
- is not defamatory; and
- does not infringe any law; and
- indemnify Rokeby's against all legal fees, damages and
other expenses that may be incurred by Rokeby's as a result of your breach of the
above warranty; and
ROKEBY'S MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED
IN THE MESSAGE BOARD, USER FORUMS OR PERSONAL PROFILES ON THIS SITE AND/OR USERS SITES,
LISTS, OR CHAT ROOMS FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS.
ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE CONTENTS OF THE USERS MESSAGES
POSTED ON THE MESSAGE BOARD, IN THE USER FORUMS OR ON THE USERS PROFILE AND ON USERS OWN SITES,
LISTS, AND CHAT ROOMS ARE NOT REVIEWED, CONTROLLED OR EXAMINED BY ROKEBY'S IN ANY WAY BEFORE
THEY APPEAR ON THIS OR ANY OTHER SITE. ROKEBY'S DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY
THE CONTENTS OF ANY SUCH MESSAGE OR SITE. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF
THEIR MESSAGES AND THEIR SITES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS
OF THEIR MESSAGES OR SITES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS). THE INFORMATION ON THE MESSAGE BOARD, YELLOW PAGES, USER FORUMS AND ON USERS
SITES, LISTS, CHAT ROOMS AND HELPDESKS MAY INCLUDE INAPPROPRIATE MATERIAL.
BY ENTERING THE MESSAGE BOARD OR THESE SITES YOU UNDERTAKE FULL RESPONSIBILITY FOR:
(A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS
(B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU
(C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER THE MESSAGE BOARD, THESE USERS SITES AND DO NOT JOIN OTHER USERS LISTS.
Warranties and Indemnification
By using or accessing rokebys.com, you represent, warrant and covenant that you will not:
(a) upload to, distribute or otherwise publish on or through the rokebys.com web site any message, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
(b) upload to, transmit, distribute or otherwise publish on or through the rokebys.com web site any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national, or international law.
(c) upload to, transmit, distribute or otherwise publish on or through the rokebys.com web site any Content that does or may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such content;
(d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
(e) without Rokeby's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
You agree to indemnify, defend and hold harmless Rokbey's, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the iCompileIt.com web site, your violation of the Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
General
If there is any conflict between these terms and specific terms appearing
elsewhere on rokebys.com then the latter shall prevail.
If any of these terms are determined to be illegal, invalid or otherwise
unenforceable by reason of the laws of any country or county in which these terms
are intended to be effective, then to the extent and within the jurisdiction in
which that term is illegal, invalid or unenforceable, it shall be severed and
deleted from these terms and the remaining terms shall survive, remain in full
force and effect and continue to be binding and enforceable.
These terms shall be governed by and interpreted in accordance
with the laws of Canada (British North America) and to the exclusive jurisdiction of the
courts of Ontario.
Rokeby's, 30 April 2005
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