1. TERMS AND CONDITIONS
Your use of the Sites and/or the Services signifies your agreement to be bound by these Terms and Conditions. You agree to use the Sites and Services in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions outlined below and otherwise set forth on the Sites.
If you do not agree to these Terms and Conditions, you may not access or otherwise use any of the Sites. Before using any of the Sites, please also review Canadian Telescopes's Privacy Policy.
2. License to Use the Site
Canadian Telescopes grants you a limited, non-exclusive and non-transferable right to access, use and display the Sites and the materials thereon and use the Services for your personal purposes only, provided that you comply fully with these Terms and Conditions. You shall not interfere or attempt to interfere with the operation of the Sites or Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or by any other means.
You may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse-engineer, create derivative works from, or otherwise exploit any of the Site Material or any part of the Sites without the prior written consent of Canadian Telescopes. You may download one (1) copy of Site Material for your personal use. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Site Material. In the event of any permitted copying, redistribution or publication of material from the Sites, you may not make any changes in or deletion of author attributions, trademarks, legends or copyright notices.
Canadian Telescopes's logos, including but not limited to the logos of Canadian Telescopes.
Changes to Terms and Conditions
Canadian Telescopes reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of any Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes. You acknowledge and agree that Canadian Telescopes will not be liable to you or any third party in the event that Canadian Telescopes exercises its right to modify or terminate access to any of the Sites or portions of any Site.
Canadian Telescopes shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of any Site, including but not limited to the Site Material, Services features, or hours of availability. Canadian Telescopes may also impose limits on certain features and services or restrict your access to parts or all of any Site without notice or liability. You acknowledge and agree that Canadian Telescopes will not be liable to you or any third party in the event that Canadian Telescopes exercises its right to modify or terminate access to any Site or portions of any Site.
5. Acceptable Use
You and other visitors to our Sites are invited to post appropriate and relevant information or commentary, including but not limited to, facts, advice, "tips" and opinions, in the forums available through the Sites. You acknowledge that the posted information may be viewed by you and/or other users of the Sites. By posting information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Communications") on or through any of our Sites, you agree that you are solely responsible for such Communications and that you, and not Canadian Telescopes, are entirely responsible for the accuracy, completeness and ownership of all Communications that you upload, post, email or otherwise transmit via our Sites.
By using any of our Sites, you agree that you:
o Will only use our Sites and Services for lawful purposes and in accordance with these Terms and Conditions and with any applicable Community guidelines.
o Accept the terms of our Privacy Policy.
o Agree to provide us with accurate information in connection with any registration through our Sites and to take responsibility for the information you provide.
o Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate.
Without limitation of the foregoing, you agree to not use any of our Sites or any Services to:
o Upload, post, email or otherwise transmit any Communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or sexually explicit.
o "Stalk" another.
o Upload, post, email or otherwise transmit any Communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, socioeconomic status or disability.
o Harm minors in any way.
o Impersonate any person or entity, including but not limited to an Canadian Telescopes official, forum leader, moderator, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
o Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Communication transmitted on, to or through any of our Sites or any Services.
o Upload, post, email or otherwise transmit any Communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, including but not limited to proprietary or confidential information learned or disclosed as part of employment relationships or otherwise barred from disclosure pursuant to the terms of a confidentiality agreement).
o Upload, post, email or otherwise transmit any Communication that infringes any patent, trademark, trade secret, copyright or other rights of any party.
o Upload, post, email or otherwise transmit (a) under any circumstances "junk mail," "spam," "chain letters," "pyramid schemes," or (b) any other form of solicitation, except in those areas which may be designated for such purpose.
o Upload, post, email or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
o Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the applicable Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
o Interfere with or disrupt any of the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks related to any Service; or
o Violate any applicable local, provincial, national or international law.
You also agree that you will not harvest, collect or store information about the users of our Sites or Communications posted by others on the Sites or use such information for any purpose, including without limitation, for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge and agree that Canadian Telescopes may preserve Communications and may also disclose Communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions and/or the Privacy Policy; (c) respond to claims that any Communication violates the rights of any third party; and/or (d) protect the rights, property, or personal safety of Canadian Telescopes, its users and/or the public.
You understand that the technical processing and transmission of the Sites, including the display of Communications, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Canadian Telescopes assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to this Site.
Any Communication on any of the Sites may be purged periodically by Canadian Telescopes, for any reason or no reason. You acknowledge and agree that any Communication you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Communication. In this regard, you acknowledge that you may not rely on any Site Material or other content appearing on any of our Sites. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Canadian Telescopes, and that Canadian Telescopes does not support or endorse any content or views posted by you or any user.
You agree that Canadian Telescopes has the right, but not the obligation, to monitor Communications posted by you or others at any time for any reason and in its sole discretion to assure compliance with these Terms and Conditions and any other operating rules that Canadian Telescopes may establish from time to time. Notwithstanding this right, Canadian Telescopes does not and cannot review all Communications, and Canadian Telescopes is not responsible for any Communications. Canadian Telescopes reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any Communication as may be necessary to comply with any law, regulation or government or agency request or if, in Canadian Telescopes's sole discretion, such Communication is in violation of these Terms and Conditions or is otherwise objectionable.
7. Canadian Telescopes' Rights in Materials Provided by Users
Canadian Telescopes welcomes your comments regarding our Sites. However, any and all Communications provided by you to us through any of our Sites may be included in a database owned by Canadian Telescopes and its subsidiaries and affiliates, and in which we possess all rights and interest, including but not limited to, a compilation copyright. We reserve the right to use any Communication you provide to us, or any information or materials contained therein or that we otherwise obtain through your use of the Sites, to the fullest extent permitted by law.
By using any of our Sites, you grant to Canadian Telescopes a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Communications that you post on our Sites, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Canadian Telescopes of any material or idea submitted by you in any Communications, or receive any compensation for such use. You waive all rights to any claim against Canadian Telescopes for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Canadian Telescopes is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
8. No Responsibility for Transmitted Material
You acknowledge that transmissions to and from our Sites (other than credit card data submitted through appropriate channels via our Sites) are not confidential, and to that extent your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Canadian Telescopes, no confidential, fiduciary, contractually implied or other relationship is created between you and Canadian Telescopes or any Canadian Telescopes affiliate or subsidiary other than pursuant to these Terms and Conditions. Canadian Telescopes shall not be responsible for the payment of any amounts to any party in connection with Canadian Telescopes's use of Communications submitted by you to our Sites.
9. Copyright Complaints
Canadian Telescopes respects the intellectual property of others, and we ask our users to do the same. Canadian Telescopes may, in appropriate circumstances and at its unfettered discretion, terminate the access of users, subscribers and account holders who infringe the intellectual property rights of others.
If you believe that your work has been copied and is accessible on one or more of our Sites, or any of the Services offered through our Sites, in a way that constitutes copyright infringement, or that Canadian Telescopes contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Canadian Telescopes by providing the information required :
Canadian Telescopes
3430 Brighton Ave.
Burnaby BC V5A 3H4
Canada
Emai: info@canadiantelescopes.com
You shall indemnify, defend and hold harmless Canadian Telescopes, its affiliates, and all of their respective officers, directors, owners, agents, employees, Site Material providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of any of Canadian Telescopes's Sites and/or Services, including but not limited to any Communications attributable to you. Canadian Telescopes reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Canadian Telescopes.
11. Links to Other Web Sites
The Sites may contain links to third party sites and resources (the "Linked Sites"). Unless otherwise noted on the Site, links to and from any Linked Site do not constitute an endorsement by or association with Canadian Telescopes or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Canadian Telescopes or the Sites' sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name or logo displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Canadian Telescopes or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Canadian Telescopes does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
12. Disclaimer of Warranties and Damages; Limitation of Liability
THE SITES, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CANADIAN TELESCOPES DOES NOT WARRANT THAT THE SITES OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. CANADIAN TELESCOPES DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE SITES, THE CONTENT THEREOF, THE SERVICES USED ON OR ACCESSED THROUGH THE SITES, ANY PRODUCTS OR SERVICES, HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO SESSION ID DATA. CANADIAN TELESCOPES AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITES OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CANADIAN TELESCOPES'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR SERVICES. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL USERS, AND EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITES. UNDER NO CIRCUMSTANCES SHALL CANADIAN TELESCOPES, ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS ON ANY OF OUR SITES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that any claim or cause of action arising out of your use of any of our Sites or any Services must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
To use certain features of our Sites, you may need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password and account. You agree to notify us immediately of any unauthorized use of your password and account or any other breach of security, and to ensure that you exit from your account at the end of each session. Canadian Telescopes cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
14. Notice to Users Outside Canada
Canadian Telescopes makes no representation that the Sites or the Services are appropriate or available for use in locations other than the Canada. Those who choose to access any Site from locations outside of the Canada do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. General Provisions
These Terms and Conditions shall be governed by and construed in accordance with the laws of Province of British Columbia, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions and/or any Canadian Telescopes Site or any Services shall be an appropriate Provincial or Federal court located in British Columbia, and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
You acknowledge (a) that you have read and understood these Terms and Conditions; and (b) that these Terms and Conditions have the same force and effect as a signed agreement.
17. Contact Us
If you have any questions regarding these Terms and Conditions and/or our Sites in general, please feel free to contact us at:
Canadian Telescopes
3430 Brighton Ave.
Burnaby BC V5A 3H4
Canada
Emai: info@canadiantelescopes.com
These Terms and Conditions are effective as of Jan 1 2010.
