3. Content. This Site contains content provided by the Company and third parties (including other users), including editorial content, personal profiles, articles, publications, pictures, videos, information, events, data, and other materials (the “Content”) and access to various products and services provided by the Company (the “Services”).
5. Currency of Content. The Content is provided for informational purposes only. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. To the extent that the Content is current as of the date of first publication, it may no longer be accurate as a result of the passage of time.
6. Your Content. This Site allows for you to share, upload, or provide content to this Site (“Your Content”). You acknowledge and agree that Your Content may be visible to third parties, including other users and any person visiting or using this Site, or to whom a Site link is sent. By uploading or providing Your Content to this Site, you represent and warrant to and in favour of the Company that you have all necessary rights and licences to do so, and automatically grant the Company a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and licence to use, copy, modify, display, and publish Your Content in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that the Company may assign, transfer, or sub-license the above licence to any person, including its affiliates and successors, without any further approval by you. The Company reserves the right to remove, edit, limit, or block access to any of Your Content at any time, and it will have no obligation to display or review Your Content. You are solely responsible and liable for Your Content. You agree to not post, provide, or upload any Content to this Site that:
a) contains language or imagery that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
b) is obscene, pornographic, violent, or that otherwise may offend human dignity;
c) is abusive, insulting, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
d) encourages any illegal activity (including terrorism) or incites racial hatred or the submission of which in itself constitutes committing a criminal offence;
e) is defamatory or libellous;
f) unless and only to the extent otherwise expressly provided in any other agreement between you and the Company, relates to commercial activities, including sales, competitions and advertising, or links to other websites or premium line telephone numbers;
g) involves the transmission of “junk” mail or “spam”;
h) contains any spyware, adware, viruses, corrupt files, Trojan horses, worm programs or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or contains any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from the Company or otherwise;
i) itself, or the posting of which, infringes any person’s rights, including intellectual property rights and privacy rights; or
j) shows another person if such Content was created or distributed without that person’s express consent.
7. Feedback. We welcome and encourage you to provide feedback, comments, suggestions, ideas and materials for improvements to this Site, the Content, and the Services (“Feedback”). You may submit Feedback by contacting us via e-mail at firstname.lastname@example.org or via the “Contact Us” section of this Site or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you automatically grant the Company a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and license to use, copy, modify, display, and publish such Feedback for any purpose, without compensation to you, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that the Company may assign, transfer, or sub-license the above licence to any person, including its affiliates and successors, without any further approval by you.
8. Communications Not Confidential. The Company does not guarantee the confidentiality of any communications made by you via e-mail or otherwise through this Site. Any e-mail communications made by you via e-mail or otherwise through this Site will be at your own risk and liability.
10. Linking and Social Media. This Site may, for convenience, provide links to the Company’s social media accounts, including Facebook, LinkedIn, Twitter, Instagram, and Pinterest (“Company Social Media”). You acknowledge and agree that, to the extent that you access and use Company Social Media:
d) Company Social Media may contain content of third parties that may not be subject to the control of the Company; and
e) if you choose to access any Company Social Media, you do so entirely at your own risk and liability.
11. Linking and Third-Party Sites. This Site may, for convenience, provide links to websites or applications of other parties (each, a “Third-Party Site”). You acknowledge and agree that:
a) the content of Third-Party Sites is not provided by nor under the control of the Company;
b) the Company does not endorse or republish any content of any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon;
c) where you provide a link to this Site from another website, the Company reserves the right to require you to disable such link; and
d) if you choose to access a Third-Party Site, you do so entirely at your own risk and liability.
12. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of the Company, including B2BEE™, B2BEEMATCH™, B2BEEMATCH.COM™, RED DOT™, RED DOT DIGITAL™, RED DOT DIGITAL INC.™, and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by the Company are trade-marks of the Company and/or its affiliates (the “Company Marks”). Other trademarks, service marks, graphics, and logos used in connection with Company Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including Company Marks, or any use thereof.
13. Company Property.
a) “Company Property” means this Site and any and all related: (i) Content, Services, and Company Marks; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) editorial content, text, data, and other literary works (iv) musical works, performances, and other sounds; (v) videos and all audio-visual works; (vi) selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vii) software, including scripts and program code that may execute on this Site’s servers or that may be embedded or downloadable from individual web pages on this Site; (viii) the look and feel, architecture, interface, templates, layout, and web pages of this Site; and (ix) intellectual property rights in any of the foregoing.
b) You acknowledge and agree that all Company Property is protected by copyright and owned by, or licensed to, the Company and contains proprietary information and material that owned by the Company or its affiliates or their respective licensors, and is protected by applicable law, including copyright law. Any and all copyrights in and to any Company Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by the Company and its affiliates and/or their respective licensors, who in each case reserve all their rights in law and equity.
a) exploit any Company Property (in whole or in part), including by trespass or burdening network capacity;
b) reproduce any Company Property (in whole or in part) in any form or by any means;
c) make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any Company Property (in whole or in part);
d) creating derivative works of, modify, translate, select, arrange, merge, compile, or otherwise combine with other data or other content or frame from or on another website any Company Property (in whole or in part);
e) scrape, whether by way of screen scraping or database scraping, any Company Property (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Company Property (in whole or in part), whether by an automatic program or a manual process;
f) sell, licence, sublicence, transfer, rent, lease, loan, or engage in any other commercial transaction relating to any Company Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
g) decompile, disassemble, reverse engineer, or otherwise exploit any Company Property (in whole or in part), its architecture or the underlying software or code; or
a) The Company understands that your privacy is important to you and is committed to being transparent about the technologies it uses.
e) To administer this Site and for research purposes, the Company may also contract with third-party service providers to track and analyze statistical usage and volume information from the users of this Site. These third-party service providers may use persistent Cookies to help us improve the user experience on this Site, manage the Content and Your Content, and analyze how users navigate and utilize this Site. The Company may contract with third-party service providers to send e-mails to users who have provided the Company with their contact information. To help measure and improve the effectiveness of Company e-mail communications, or to determine whether messages have been opened and links clicked on, the third-party service providers may place Cookies on the devices of these users.
g) The following types of Cookies are used in connection with this Site for the following purposes:
17. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT: (A) THIS SITE AND ANY AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER; (B) ACCESS TO, AND USE OF, THIS SITE OR ANY CONTENT OR SERVICES IS ENTIRELY AT YOUR OWN RISK AND LIABILITY; (C) TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL LIABILITY WITH RESPECT TO THIS SITE AND THE CONTENT AND ALL SERVICES, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR THE CONTENT OR ANY SERVICE WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE; (D) THE COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THIS SITE OR ANY CONTENT OR SERVICES; (E) THE COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS SITE OR ANY CONTENT OR SERVICES IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS; (F) THE COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS SITE OR ANY CONTENT OR SERVICES; AND (G) THE COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY E-MAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND THE COMPANY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THIS SITE OR ANY OTHER WEBSITE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY MATERIALS CONSISTENT WITH THIS AGREEMENT OR USE OF THIS SITE.
18. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage this Site or any other website or links or to undermine the legitimate operation of this Site or any Content or Services may be a violation of criminal and/or civil laws and should such an attempt be made, the Company reserves the right to seek damages from you to the fullest extent permitted by law.
19. Indemnity. You agree to indemnify, defend, and hold the Company and its affiliates and their respective directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives harmless from and against any and all actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:
b) Your Content;
c) any loss of, damage to, or destruction of Company Property or the property of any other person;
d) personal injury (including death) in connection with this Site, the Content, or Services to the extent caused by you; or
e) your negligence or criminal, willful or intentional misconduct.
21. Injunctive and Equitable Relief. You acknowledge and agree that:
b) your breach of any such obligations will give rise to irreparable harm or injury to the Company that will not be adequately compensable with monetary damages;
d) notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.
32. Forum. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in any action or proceeding involving this Site, the Content, the Services, or Company Property and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
Last updated: January 30, 2020.