Effective Date: March 10, 2010
Types of Information Collected
Personally Identifiable Information
When you register as a Site Customer Canady’s Corner collects certain Personal Information from you. Personal Information is information that can be used to identify you personally, and includes but is not limited to your name, address, phone number, and email address. Furthermore, when paying for the Services, Canady’s Corner will receive certain credit card or PayPal information from you.
Non Personally Identifiable Information
When you visit the Website we collect certain Non Personal Information. This is generalized information and cannot be used to easily identify you personally. Such information includes but is not limited to your IP address, your ISP, your browser type, your operating system, your clickstream patterns, the URL of the most recent Website you visited before coming to the Website, the amount of time you spent on our site, and the pages you viewed while on our site.
Methods of Collection
Canady’s Corner collects your Personal Information in several different ways. First, we collect information when you provide it to us when registering as a Site Customer, when you set up a profile, when you use the Your News services, or when you communicate with us directly via e-mail or the Website. We also employ commonly used analytic and reporting software technologies to collect certain Non Personally Identifying Information such as your IP address, your ISP, your browser type, your operating system, your click stream patterns, the URL of the most recent website you visited before coming to the Website the amount of time you spent on our site, and the pages you viewed while on our site.
Use of Personal Information
Personally Identifiable Information
Personal Identifiable Information is mainly used for Canady’s Corner’s own internal purposes in order to provide the Services to you including but not limited to customer service issues, maintaining and improving the Website, and providing and improving the Services.
Non Personally Identifiable Information
Canady’s Corner uses Non Personally Identifiable Information to track and analyze the usage and performance of the Website and Services. Canady’s Corner uses this information internally to assist in determining changes and/or upgrades to the Website, whether to add or discontinue specific Services, and for internal market analysis purposes.
Disclosure of Personal Information
In general, we do not disclose Personal Information to third parties without your prior consent. However, we reserve the right to do so in certain limited situations as identified below:
1) Disclosure to Third Party Service Providers
In the course of providing you the Services, we may at our option use third party service providers to provide some or all of the Services you may request in your use of the Website. An example of this would be the use of third party online payment processing companies to process payments made by Site Customers to Canady’s Corner. We make all commercially reasonable efforts to make sure that these third party vendors use your Personal Information only to the extent necessary to provide the Services to you. However, we cannot guarantee that a third party vendor will not disclose your Personal Information.
2) Disclosure to Other Third Parties
We reserve the right to disclose your Personal Information to protect or enforce Canady’s Corners rights, or the rights of a third party, to prevent an emergency, or as may be required by law, including but not limited to, complying with subpoenas or court orders.
3) Successors in Interest
We may also disclose your Personal Information to any successor in interest to our company, including, but not limited to any third party company that may acquire or merge with Canady’s Corner. In the event of a merger or sale of all or substantially all of the assets of Canady’s Corner, your Personal Information will most likely be part of the transaction. If such a transaction happens, we will notify you by the methods listed in the Terms of Service concerning the transaction and the transfer of your Personal Information.
4) Disclosure of Non Personally Identifiable Information
We may disclose any Non Personally Identifiable Information we collect to our strategic business partners, potential business partners, investors, advisors and customers. This information is usually disclosed in terms of aggregate numbers. Since the information cannot be traced back to you directly, you may not “opt out” of our use of such Non Personally Identifiable Information.
Security of Personal Information
We employ commercially reasonable technology and systems to protect your Personal Information from unauthorized access and disclosure. For example, sensitive information is transmitted to us in an encrypted format using secure socket layer technology. However, no protection methods are 100% secure, and therefore we cannot guarantee the 100% security of your Personal Information. We are not responsible for any disclosure of Personal Information due to any errors in transmission of your information, or any unauthorized third party access or any other acts by third parties, or any acts or omissions beyond our reasonable control.
Public Nature of Certain Website Content
The Services provided by Canady’s Corner now or in the future may be accessible by the public. Examples of publically accessible information include, but are not limited to any posts to Your News and/or other forums or discussion boards hosted by Canady’s Corner. We are not responsible for third parties uses of any Personal Information contained in these public disclosures.
Receipt of Marketing Materials
You may “opt out” from receiving marketing materials from us at the time you are providing us with the Personal Information. For example, when becoming a registered User with us, you will have the opportunity to decide whether you want to receive additional promotional materials from us in the future. If at any time you wish to discontinue receiving promotional materials from Canady’s Corner please follow the instructions for removal contained on the most recent communication from Canady’s Corner, email privacy@CanadysCorner.com, or write to Customer Service at support@CanadysCorner.com.
Information Concerning Children
Our Services are only for those adults and children over the age of 13. We do not knowingly collect any information from children under the age of 13. We will affirmatively delete any information which we have knowledge came from or pertains to a child under the age of 13. Children between the ages of 13 and 18 may use our Website and Services only under the supervision of a parent or legal guardian. If you are a parent or legal guardian of a child between the ages of 13 and 18 and you do not want your child’s Personal Information in our records, or do not wish to receive communications from us, please contact us by emailing privacy@CanadysCorner.com.com, or write to Customer Service at support@CanadysCorner.com.
CanadysCorner.com’s Site Customer Service Agreement
Effective Date: March 10, 2010
This Agreement contains the terms and conditions under which Canady’s Corner, LLC (Canady’s Corner”) offers its Site Customer Service. The Site Customer Service (“SCS”) allows you to setup a profile and post news items to the Website. Any capitalized terms that are not herein defined have the same meaning given to them in Canady’s Corner’s Terms of Service (“TOS”). Your use of the SCS constitutes your affirmative and binding acceptance of this Agreement.
1. Service Agreement and Other Relevant Documents
This Agreement provides for the terms and conditions under which the SCS is provided. If you decide to utilize the SCS, you will still be bound by Canady’s Corner’s TOS, including all related rules, policies, and procedures. Canady’s Corner’s TOS and all related rules, policies, and procedures are herby incorporated by reference. In the case of a conflict between the TOS and this Agreement concerning the SCS, this Agreement shall govern, and its provisions shall be given precedence.
2. Setting up a Site Customer Profile
2.1 Subscription and Registration
In order to use the SCS you must first subscribe and register a Site Customer profile with the Website. Site Customer profiles may be set up through our online process. After subscribing, you must give us complete contact information including your name, your current address, a link to your official website, your phone number, your email address, a description of your services, organization and/or business. If you do not provide all of the above information, you will not be able to create a profile using the SCS. If any of the above information changes you must immediately notify Canady’s Corner. Failure to do so may result in Canady’s Corner immediately terminating your Site Customer subscription and SCS. For security purposes, you will also have to select a password for your Site Customer profile in order to prevent access to your profile by an unauthorized third party. To protect the security of your profile as well as the SCS in general, you must notify Canady’s Corner in the event you believe that your password or the security of your profile has been compromised.
2.2 Payment of Fees and Term
Upon signing up for the SCS, you shall have an initial trial period of 45 days (the “Trial Period”). During the Trial period you may post an unlimited number of news posts to the “Your News” section of the Website. Upon the termination of the Trial Period, you shall receive a notice via email alerting you that the Trial Period has ended, and informing you that a subscription package (minimum $100) is required to continue posts All fees must be paid via PayPal or Credit Card. All fees are non-refundable. Canady’s Corner reserves the right to remove the profile and Content of any Site Customer who does not pay fees due.
3. SCS Content
3.1 Delivery of Your News Content to Canady’s Corner
You must electronically deliver to Canady’s Corner all Content you wish to use in conjunction with the SCS, including the Your News postings through the Website. This includes but is not limited to, all artwork, graphics, or text to be used in your profile and all other Your News Content that may be utilized in the SCS. All content delivered shall be subject to the User Supplied Content Policy, which is incorporated herein by reference. All Your News posts must be submitted in the Your News templates supplied by Canady’s Corner.
3.2 Posting Site Customer Content; No Endorsement of Site Customer Content
You are solely responsible for all Site Customer Content that you upload or otherwise make available on or through the SCS, including but not limited to all Your News posts. You acknowledge and agree that Canady’s Corner is a information portal and news hosting service only and that Canady’s Corner does not endorse, recommend, or otherwise make any representations regarding Site Customer Content or the quality of services offered by Site Customers, and that Canady’s Corner is not responsible or liable for any Site Customer Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Canady’s Corner does not pre-screen Site Customer Content (including stated licensures, certifications, and the like), and has no obligation to do so, but that Canady’s Corner and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Site Customer Content that is posted on or through the SCS.
3.3 Licenses, Approvals, or Consents
If you are not the creator of the Content you are using, or your Content is based on another work, including but not limited to any piece of art, drawing, painting, illustration, sculpture, photograph, book, story, manuscript, film, song, or musical piece, you must provide Canady’s Corner with all appropriate and necessary consents, approvals, or licenses, at the request of Canady’s Corner.
3.4 Amounts owed to Third Parties
You are solely responsible for all costs associated with any Content you deliver to Canady’s Corner including but not limited to any creation costs you incurred in creating the Content or licensing fees owed to third parties to use of the Content.
3.5 Display of Your News Posts.
Your News posts will remain on the Website sidebar for a minimum of 14 days. After 14 days, the post will be move to the archives and shall be available for a minimum of 1 year. The Website’s search function shall also search the archives. Your News posts may be considered by Canady’s Corner for feature stories and profiles, however paid Your News posts does not in any way guarantee that a feature story, profile or top story on your organization will be featured by Canady’s Corner.
3.6 No Guaranteed Outcome.
The Your News section of the website is intended to assist our customers with promotional campaigns on a fee based basis. Canady’s Corner does not guarantee any specific outcome, positive or negative, from posting to the Your News section of the Website.
4. Licensing Content to Canady’s Corner
By the act of uploading your Content to the Website, you grant Canady’s Corner a royalty free, worldwide, transferable, nonexclusive license with the right to sublicense, to such Content, in all media now or in the future for the purposes of facilitating the marketing of your profile, business, services, the Website, and the SCS in general. In the event Canady’s Corner writes a feature story, profile or top story.
5. Site Customer Responsibilities
At all times in your use of the Services you must act in a businesslike manner, utilizing common sense, a general respect for Canady’s Corner and third parties, and act in accordance with all applicable laws and regulations. As the registered user of a profile and/or Your News posts you must assure that all of your employees, agents, or independent contractors, as well as any Content contained in the SCS comply with the terms and conditions of the TOS, this Agreement, and all ancillary agreements, and all applicable laws, regulations, and rules.
You agree that you will adhere to the User Supplied Content Policy. Additionally, you may not create Your News posts that are: 1) generally offensive or inappropriate as determined by CanadysCorner.com in its sole discretion; 2) obscene or pornographic; 3) libelous, slanderous, or otherwise defamatory; 4) designed or intended to harass, threaten, or intimidate others; 5) in violation of any applicable, rule, law regulation or ordinance; 6) exploitative of the images or likeness of minors; or 7) infringing on any right of a third party including, but not limited to, any rights relating to trademarks, copyrights, trade secret, trade dress, patent, right of publicity, or rights of privacy.
5.3 Confidentiality and Nondisclosure
You understand that in your use of the SCS or of the Website, confidential information (collectively, “Information”) may be revealed to you, including, but not limited to: trade secrets (confidential, proprietary, or other non-public information); formulas; processes; ideas; inventions (whether subject to patent, copyright, or trade mark protection or not); technical specifications; designs and design concepts, whether in whole or in part; marketing and publicity ideas, concepts, and plans; web-enabled tools, all components, functionality, and content of the Canady’s Corner’s website and other computer systems or models and the results therefrom; financial and other data; customer and product development plans; forecasts; strategies; analytics; concepts; letters of intent; and contracts related to the business of Canady’s Corner (“Disclosing Parties”).
Regardless of whether or not such Information is marked “Confidential,” you will keep all Information confidential, and will not, without the Disclosing Party’s prior written consent, disclose Information to any third party, nor will you use any Information for purposes other than those set forth in this Agreement. You agree not to provide third parties with passwords or other methods of access to your Site Customer profile, web-enabled tools, or other SCS. You will not copy or transmit, electronically or otherwise, any Information. You will not use any Information, including designs (in whole or in part) and concepts, for the purposes of competing or creating competing products to the Website or to the designs, products, or concepts found therein. You will use the SCS and Website only for the purposes of: setting up a profile, utilizing the written conten published on the Website or by posting and/or communicating news about your organization throu the use of Your News postings.
You agree that your agents, contractors, consultants, and employees are bound by this Agreement as if each had signed a copy. Any employee or consultant given access by you to any Information must have a legitimate “need to know.”
5.4 Site Customer Representation and Warranty
You represent and warrant to Canady’s Corner that all of the User Supplied Content and Personal Information you use in your profile or otherwise provided to Canady’s Corner is true. Site Customers are solely liable for any error, misrepresentation, libel, or slander contained within their Content, Personal Information, and any other information otherwise provided by Site Customer to Canady’s Corner.. You also represent and warrant to Canady’s Corner that your use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. You further represent and warrant to Canady’s Corner that you are the true owner of the User Supplied Content and that the content is free from any and all liens, encumbrances, or any other restrictions on your right to display or use the content, and that there are, to the best of your knowledge, no pending or threatened claims, demands, or litigation concerning any of the User Supplied Content. Furthermore, you represent to Canady’s Corner that Canady’s Corner will not be required to make any payments such as licensing fees or royalties to any third party in connection with the User Supplied Content. Lastly, you warrant that the User Supplied Content does not violate Section 3.1 of the TOS.
6. Marketing and Advertising
6.1 Use of Customer Information
6.2 Prohibited Forms of Marketing
As a Site Customer, you are prohibited from using unsolicited email or message board postings, junk and blast faxes, and unsolicited personal or recorded phone calls (collectively “spam”) to market or advertise your profile. Additionally, you may not directly or indirectly attempt to change, modify, or unduly influence the operation of any Canady’s Corner’s Services or Website search engine results to your benefit.
6.3 Linking From Your Profile
You may place links to other Websites on your profile. However, Canady’s Corner reserves the right to remove or otherwise prohibit any internet links to Websites that, in the discretion of Canady’s Corner, violate any of Canady’s Corner’s TOS, Rules, Policies, Procedures, that could subject Canady’s Corner to harm or legal liability, or that would otherwise harm or tarnish the reputation of Canady’s Corner.
6.4 Use of Third Party Advertising
You may use third party advertising to advertise your profile in various medium, including without limitation, print and online advertising such as pay per click internet advertising. You may include the specific web address of your profile, however you may not use or refer to Canady’s Corner or any of its trademarks in any such advertisement or marketing materials. Television or Radio advertising is not permitted without the express written consent of Canady’s Corner.
6.5 Advertising by CanadysCorner.com
CanadysCorner.com, may at its option, but is under no compulsion, promote your business, services, or profile by featuring them in newsletters, or on the Website, through directories on the Website, by referrals, or by highlighting your business, services, or profile in communications with third parties. You shall not be responsible for compensating CanadysCorner.com for any promotion of your business, services, or profile which is undertaken by CanadysCorner.com.
7. General Terms and Conditions
7.1 Amendments or Modifications
CanadysCorner.com reserves the right to add, delete, or modify in any way and in its sole discretion, any of the terms and conditions contained in this Agreement. You may be notified of any changes of this Agreement in the same manner as provided for in the TOS. If any change is unacceptable to you, your only recourse is to terminate this Agreement and discontinue your use of the SCS. Your continued use of the SCS, following the notice of a change to this Agreement shall constitute affirmative binding acceptance of the changes.
You hereby indemnify, defend and hold Canady’s Corner harmless for any claim arising out of, related to, or connected in any manner with your alleged breach of the TOS while using the SCS as specified in Section 7 of the TOS. You further indemnify Canady’s Corner against any claim based on facts that if true, would constitute a breach of this Agreement.
You may terminate this agreement and your Site Customer profile at any time, for any reason, by contacting us through email@example.com . Canady’s Corner in its sole discretion may at any time suspend or terminate your use of the SCS, remove any profile and all of its Content from Canady’s Corner servers, and prohibit you from opening a new profile. After termination either by you or by Canady’s Corner, Canady’s Corner may remove all Content or other materials from its servers without any liability to you or any other third party and may deny you or any third party access to your profile. After termination of this Agreement by either party, you must immediately cease any and all marketing and advertising activities for your profile and cease any representations of affiliation with Canady’s Corner or the SCS.
7.4 Dispute Resolution
The SCS are services provided, controlled, and operated by Canady’s Corner, which has its principal place of business in the State of Colorado, United States of America. Canady’s Corner makes no representation that the Website is available or appropriate for users in all jurisdictions. You acknowledge that Site Users and viewers access the Site on their own initiative and are responsible for compliance with applicable laws, regulations and treaty provisions. These terms and conditions and your agreement to be bound by them shall, to the maximum lawful extent, be governed in accordance with the laws of the State of Colorado without reference to principles of conflicts of laws. You and Canady’s Corner agree that the state and federal courts located in Colorado shall be the exclusive forum for the resolution of all disputes between you and us relating to your use of the SCS. You and Canady’s Corner hereby consent to the personal jurisdiction of these courts. To the extent permitted by applicable law, you and Canady’s Corner waive the right to a trial by jury. If the foregoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and Canady’s Corner you and Canady’s Corner agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator in accordance with said rules. To the extent permitted by said rules, the location of the arbitration shall be in Denver, Colorado. The arbitrator shall apply Colorado law without reference to conflict of laws principles. In the event of any controversy, claim, or action between you and Canady’s Corner, arising from or related to this Agreement, the prevailing party will be entitled to receive from the other party its reasonable attorneys’ fees and costs.
The following sections and obligations shall survive the termination of your Site Customer profile: 1, 3.2, 3.3, 4, 5.3, 6.1, 7.2, 7.3, 7.4.
CanadysCorner.com’s Terms of Service
Effective Date: March 10, 2010
Thank you for visiting CanadysCorner.com. The following Terms of Service (“TOS”) contain the terms and conditions that govern your use of the website www.CanadysCorner.com (the Website). These TOS set forth the agreement between you and Canady’s Corner, LLC a Colorado limited liability company (“Canady’s Corner”) (collectively, the “Parties”) concerning the respective rights and responsibilities of the Parties arising from your use of the Website and Services. Your use of the Website constitutes your acceptance of these TOS. You may not use the Website until you review and agree to these TOS.
Canady’s Corner offers various Internet-based Services through the Website (the “Services”). Such Services include but are not limited to providing web based content and providing fee based announcement and promotional opportunities on the Website. Canady’s Corner reserves the right to add or delete any of its Services at any time. Users who would like the ability to post their news, announcements or promotional materials to the Website (Site Customer) must establish a user profile and enter into a separate Site Customer Agreement. Canady’s Corner may, at its option offer a number of other additional Services in the future through its Website. If additional Services are offered, Canady’s Corner may in its sole discretion adopt additional rules, regulations, or terms of service concerning the additional Services.
2. License for Services and Website
Canady’s Corner grants you a personal, non-transferable, limited, revocable license to access and use the Website and the Services for their intended purposes only, subject to your compliance with these TOS. You may not collect or otherwise use information contained on the Website for any purpose which is not directly related to your use of the Website or Services, including, but not limited to any Prohibited Purpose as determined by Canady’s Corner. Examples of “Prohibited Purposes” as used in this Section include but are not limited to the creation of unauthorized derivative works based on the Website, making copies of the Website for purposes other than standard web browser cashing, or use of the information for the purpose of competing with Canady’s Corner. Any use of the Services or the Website that violates the TOS or the limited license contained herein, may result in the immediate, without prior notice, termination and revocation of the license granted to you.
3. Rules & Policies
3.1 Prohibited Uses
Under the limited license granted in Section 2 above, you may only use the Services as expressly permitted by Canady’s Corner. Prohibited uses include, but are not limited to the following:
1) any use that interferes with a third parties ability to use or enjoy the Services;
- any use of the Services that threatens, harasses, or intimidates any other User of the Services or any third party;
- impersonating another individual or entity;
- any use of spiders, robots, or any other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of web page search engine functions or hit counters contained on your Site Customer profile;
5) reverse engineering, decompiling, or disassembling any software or other technology used in conjunction with the Website or the Services;
6) collecting or attempting to collect any electronic information concerning any Users or Viewers of the Services or Website, such as email addresses or other Personal Information unless such collection is done in conjunction with the legitimate conduct of business;
7) interfering with or disrupting the Website or Services by using viruses, spyware, or any other programs or technology designed to disrupt or damage any software or hardware;
8) use of any meta tags, search terms, key terms, or keywords which contain CanadysCorner.com’s name, trademarks, or the unauthorized use of any name or trademarks of any other person or entity;
9) any use or action that directly or indirectly assists or encourages any third party to engage in the above mentioned prohibited uses or otherwise violate these TOS.
4. Representations and Warranties
4.1 Representations and Warranties of the Parties
The Parties represent and warrant to each other that: (i) they have the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of their obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which either party is bound, and (iii) these TOS are a legal, valid, and binding obligation of the parties entering into these TOS, enforceable in accordance with their terms and conditions.
4.2 User Representations and Warranties
You represent and warrant to Canady’s Corner. that your use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. You further represent and warrant to Canady’s Corner that you are the true owner of the User Supplied Content and that the content is free from any and all liens, encumbrances, or any other restrictions on your right to display or use the content, and that there are, to the best of your knowledge, no pending or threatened claims, demands, or litigation concerning any of the User Supplied Content. Furthermore, you represent to Canady’s Corner that Canady’s Corner will not be required to make any payments such as licensing fees or royalties to any third party in connection with the User Supplied Content. Lastly, you warrant that the User Supplied Content does not violate Section 3.1 of this TOS.
5. Warranty Disclaimer
CANADY’S CORNER PROVIDES THE WEBSITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CANADY’S CORNER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS. CANADY’S CORNER MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
6.1 EXCLUSION OF DAMAGES
CANADY’S CORNER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 LIMITATION OF LIABILITY
EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE AMOUNTS PAID, IF ANY, TO THE OTHER DURING THE PREVIOUS SIX MONTHS.
You will indemnify and hold Canady’s Corner and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Indemnified Parties”) harmless from any damage, loss, or expense, including without limitation, attorneys’ fees and costs, incurred in connection with any third-party claim, demand, or action (a “Claim”) brought against any of the Indemnified Parties alleging that you have breached any of these TOS through any act or omission. If you are required to indemnify Canady’s Corner under this Section, Canady’s Corner will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Canady’s Corner’s prior express written consent.
Canady’s Corner may suspend or terminate your use of the Website or the Services if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. Notwithstanding Canady’s Corner’s termination of your permission to use the Website or Services, these TOS will survive indefinitely unless and until Canady’s Corner chooses to terminate them. If you or Canady’s Corner terminates your use of the Website or the Services, Canady’s Corner may delete any User Supplied Content or other materials relating to your use of the Services on Canady’s Corner’s servers or otherwise in its possession in accordance with the terms of the Site Customer Agreement and Canady’s Corner will have no liability to you or any third party for doing so.
9 . Notice
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, (iii) electronic mail or (iv) if notice is given by Canady’s Corner, by a posting on the main page of the Website. If you give notice to Canady’s Corner, you must use the following address: firstname.lastname@example.org. If Canady’s Corner provides notice to you, Canady’s Corner will use the contact information provided by you to Canady’s Corner.. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
10. Dispute Resolution
Any action relating to these TOS, the Services, or your use of the Services will be brought in a federal or state court located in the City and County of Denver, Colorado. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Colorado State courts in the City and County of Denver, Colorado. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with these TOS or your use of any part of the Services or the Website must be asserted individually. Notwithstanding anything to the contrary in this Section, Canady’s Corner may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
11. Choice of Law
These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of the State of Colorado, without regard to its conflicts of laws principals.
The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by you without the prior written consent of Canady’s Corner.
13. Entire Agreement
These TOS, all of the policies and other Agreements mentioned in these TOS, which are each hereby incorporated herein by reference, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
14. No Waiver
No failure or delay by a party in exercising any right, power, or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
15. No Partnership or Joint Venture
You and Canady’s Corner are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.
The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
17.1 Intellectual Property Rights
All intellectual property rights and all other rights, title, and interest in and to the Services and Website, except as expressly provided for in the TOS are and shall remain the exclusive property of Canady’s Corner.com. Such rights include, but are not limited to, any and all trademark rights including rights to the marks CANADYSCORNER.COM; CANADY’S CORNER WHERE MY LIFE MEETS YOURS; and the CC Design Mark, all copyrights in and to the Website, and any proprietary rights used in providing the Service, including, but not limited to computer software and hardware interfaces. You cannot acquire any right, title, or interest in or to the above mentioned rights through your use of the Services or Website under this TOS or otherwise
17.2 Rights to Submissions and Other Information
By your use of the Services or Website, you consent and agree that any questions, comments, suggestions, ideas, or any other information whether submitted via email, telephone, US mail, Fax, contest submission, or appearing on any message board or chat group, excluding any User Supplied Content as defined herein (collectively “Submitted Information”), you hereby grant Canady’s Corner permission to use such Submitted Information for marketing and other promotional purposes without any payment to you, including the right to sublicense. Furthermore you agree that Canady’s Corner will have no obligation to keep any Submitted Information confidential. You will not bring a claim and hereby forever waive any and all claims against Canady’s Corner based on “droit moral”, moral rights, or any other legal or equitable theory from Canady’s Corner’s use of the Submitted Information.
In order to use the Services, you must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13.
Canady’s Corner reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Canady’s Corner determines, in its sole and absolute discretion, that you or another Website User will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Canady’s Corner may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
17.5 Modification of the Service
Canady’s Corner reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website without any further notice to you. For certain changes to the TOS, Canady’s Corner may, at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, your only recourse is to discontinue the use of our Website and Services. Your continued use of the Canady’s Corner Website following the posting of a change notice or new TOS on the Website will constitute affirmative and binding acceptance by you of the changes.
17.6 Third-Party Services
17.7 Compliance with TOS and Applicable Law
You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to above, and all applicable laws, regulations, and rules when you use the Services and the Website.
Canady’s Corner User Supplied Content Policy
Effective Date: March 10, 2010
Welcome to Canady’s Corner, LLC’s (“Canady’s Corner”) User Supplied Content Policy (“Content Policy”). This policy governs all content you up load to the Website for use with the Services provided by Canady’s Corner. This policy is issued under Canady’s Corner’s Terms of Service (“TOS”) and Site Customer Service Agreement (“SCSA”). Any capitalized terms not defined herein, shall have the same meaning ascribed to them in either the TOS or the SCSA. Canady’s Corner resereves the right to make changes to this policy at any time in its sole discretion. You will be notified of changes in this policy as provided for in the TOS.
Ownership of User Supplied Content:
You may only upload Content to the Website that you have legitimate rights to or have permission from the owner to use. By uploading the content you are warranting to Canady’s Corner that you use of the Content in conjunction with the SCS does not violate or infringe on any third party’s right in or to the Content.
Prohibited Content or Uses:
Additionally, you may not upload any User Supplied Content that is:
1) generally offensive or inappropriate as determined by CanadysCorner.com in its sole discretion;
2) obscene or pornographic;
3) libelous, slanderous or otherwise defamatory;
4) designed or intended to harass, threaten, or intimidate others;
5) in violation of any applicable, rule, law regulation or ordinance;
6) exploits the images or likeness of minors;
7) infringing on any right of a third party including, but not limited to any rights
relating to trademarks, copyrights, trade secret, trade dress, patent, right of
publicity, or rights of privacy.
Canady’s Corner reserves the right to monitor the Content you upload to the website and remove or block such content that it deems, in its absolute discretion, to be in violation of this policy, without any liability to you or any third party.