Verve Community Website Terms of Use

The following are the terms of use (the "Terms") that govern the use of this website (the "Website"). By accessing or using the Website, you agree to be bound by the Terms as revised or updated from time to time, any other usage guidelines and rules that may be posted from time to time, as well as all applicable laws and regulations governing the Website. Failure to abide by the Terms may result in your account being terminated and any other legal remedies being exercised. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

1. Login Security & Conveyance of Information
Each user who utilizes the Website is responsible to maintain security of his/her username, password and computer system, and confirms that he/she will not share or release the access credentials to anyone.  All interactions through the Website will have force and effect and will be deemed to be lawful communication between the parties.  Furthermore, all users of the Website agree to provide accurate, current and complete information as may be prompted by any registration forms on the Website ("Registration Data") and maintain and promptly update the Registration Data, and any other information provided to the website manager, to keep it accurate, current and complete, and to be fully responsible for all use of the user’s account and for any actions that take place using such account.

2. Personally Identifiable Information
Personal information submitted, collected, modified or managed on the Website, including Registration Data, unless otherwise stated, are used and disclosed by the website manager in a manner substantially consistent with the Privacy Policy of Del Property Management Inc., available at http://delpropertymanagement.com/privacy.php. Furthermore, and without limiting the generality of the foregoing, acceptance of the Terms further constitutes consent by Website users to the use and disclosure of their personal information for the purpose of marketing and promoting goods and services of advertisers on the Website, including goods and services of parties related to any of such advertisers.  For the purposes of the Terms of Use, “personal information” means information that is personally identifiable to individuals.

3. Intellectual Property & Permitted Use
The website manager is the owner or authorized user of all intellectual property rights in the Website and all content displayed on the Website (“Site Content”) other than for content of any kind or format that you post on the Website (“User Content”) or posted by other users of the Website. All Site Content is protected under the copyright laws and other intellectual property laws of Canada and other countries. No one has permission to modify, copy, distribute, frame, redistribute, reproduce, republish, download, scrape, display and/or transmit in any form, any Site Content, including user content of other Users. All trademarks, logos, and service marks (the "Trademarks") displayed on the Website are registered and unregistered trademarks of any one or more of the website manager or others or otherwise used under license and may not be used by you in any way without the express written permission of the owner of such Trademarks. You are granted a limited license to access and use the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content or User Content of others on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content or User Content of others is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. This license is revocable at any time without notice and with or without cause.

4. User Contributions to Website
You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, hateful, malicious or other material that would violate any applicable law, or otherwise be in violation of the intellectual property rights of others or that are otherwise disparaging to the reputation of the website manager and/or any one or more of the advertisers serving advertisements or otherwise promoting products/services on the Website.  In addition, you agree not to use the Website to:

  • harvest or collect email addresses or other contact information of other users of the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • collect/use/disclose the personal information of others;

  • use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;

  • use automated scripts to collect information from or otherwise interact with the Website;

  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • intimidate or harass another;

  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the website manager, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the website manager and/or any one or more of the advertisers serving advertisements or otherwise promoting products/service on the Website, or its users, to any harm or liability of any type. Subject to the foregoing, your ideas and/or suggestions for improvements or additions to the Website are welcome; all of which will be subject to the Terms. Any and all ideas, suggestions and/or submissions forwarded or disclosed by you or on your behalf on the Website are made with the specific understanding that: (a) same will not be subject to any obligation of confidentiality or expectation of compensation, (b) any and all rights that you may have in such ideas, suggestions and/or submissions are absolutely waived, (c) you represent and warrant that such ideas, suggestions and/or submissions are wholly original with you, that no one else has any rights in and to same, and (d) the website manager is free to implement the ideas, suggestions and/or submissions as it may from time to time desire, without obtaining permission or license from any third party. You are solely responsible for the User Content.  The website manager may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website.

When you post User Content to the Website, you authorize and direct the website manager to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the website manager an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

5. E-mail Messages and Security
Regular, unencrypted e-mail messages over the Internet are not secure. The website manager shall not be responsible for any unauthorized access to personal or confidential information that is contained in any email or other transmission to the website manager or others. This Website uses cookies and session variables to personalize content and enhance the user’s experience. This may result in unauthorized access to personal or confidential information. While every reasonable effort is made to ensure that all software provided at the Website is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. It is recommended that you utilize firewall hardware. The website manager cannot represent or warrant that the Website is a secure repository.

6. Availability of Service
The services provided under the Website may be limited or discontinued at any time and without notice. No limitation or discontinuance of service shall be construed as granting any rights to users.

7. Advertising and External Links
The Website may include an online classified and business directory platform to connect buyers and sellers and may contain advertising and/or promotional material of third parties which may include parties related to the declarant of the subject condominium project and may provide links to third party websites, and some of the content appearing on the Website may be supplied by third parties by way of framing, metatagging or otherwise linking to other websites. The website manager shall not be responsible for any such content or information and shall not be liable for any damages incurred from viewing such advertising or linked websites, and/or from purchasing and/or attempting to purchase any goods or services offered, including without limitation, damages caused by computer viruses, Trojan horses or other intrusive, destructive or disruptive codes which may be downloaded from such linked websites. The website manager does not necessarily endorse any such linked website.

8. Product Endorsement
Any references on the Website to products, services or publications do not imply the endorsement or approval of such products, services or publications by the website manager or by the declarant of the subject condominium project.

9. Accuracy of Information
Although reasonable care has been taken to ensure the accuracy of the information on the Website, all Site Content is provided on an ’as is’ basis, without any warranties of any kind, express or implied. Site Content is for informational purposes only and is not intended to provide specific legal, financial or other similar advice, and should not be relied upon as such.

10. Limitation of Liability
In no event will the website manager, website host, the declarant of the subject condominium project, the subject condominium corporation, its/their property manager and/or any of their respective affiliated, related and/or associated corporations and/or any of their respective directors, officers, shareholders, employees or agents, be liable for any damages whatsoever (including, without limitation, damages resulting from lost profits, loss of prospective economic advantage, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Website, and/or any goods or services offered thereunder whether through advertisements or classifieds or otherwise, any websites linked to the Website, or the content contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages, nor for any claim by another party/or parties. The Website is provided as an “as is” basis and all representations and warranties are disclaimed.

11. Responsibilities of Users
Access and use of the Website requires internet access and users are responsible for contracting an internet service provider (ISP) and paying all required fees and taxes to maintain internet service and for obtaining any required hardware and/or software, without cost to the website manager. It is highly recommended that each user install firewall hardware to prevent unauthorized network access.

12. Severability
If any provision of the Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is unlawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.

13. Governing Law
The Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Province of Ontario by the courts of the Province of Ontario

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