TERMS OF USE

PLEASE READ THIS ENTIRE DOCUMENT AND OUR PRIVACY POLICY AND DISCLAIMER PAGE BEORE USING THIS SITE!

This policy page was last updated on October 30, 2024.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website” or “Site” or “App”. Website or Site also refers to any method of accessing, using, or interacting with pubhubbub.ca – including but not limited to desktop, tablet and mobile device web browsers via SSL and non SSL connections, PWA and Native Apps installed on devices and devices that cast screens to other devices or read information out loud.

THIS SITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOUR USE OF THIS SITE that you understand and adhere to all terms of service posted here.

BY ACCESSING OR USING THIS SITE YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ACT TO BIND YOURSELF, ANY THIRD PARTY, COMPANY, OR LEGAL ENTITY, AND THAT YOUR USE AND/OR INTERACTION, AS WELL AS CONTINUING TO USE OR INTERACT, WITH THE SITE CONSTITUTES YOUR HAVING READ AND AGREED TO THESE TERMS OF USE AS WELL AS OTHER AGREEMENTS THAT WE MAY POST ON THE SITE.

BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS SITE OR WITH ANY ASSOCIATED SITE OR ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON THIS SITE, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY AND DISCLAIMER POLICY OF THIS SITE.

THIS SITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998.

THIS SITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THIS SITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THIS TERMS OF USE AGREEMENT POLICY MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO ACCESS THIS SITE, TO KEEP THEMSELVES INFORMED OF SUCH CHANGES BY REVIEWING THIS TERMS OF USE PAGE AND PRIVACY POLICY EACH TIME THEY VISIT THE SITE.

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the owners of this Website with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing the site and that accessing the website constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities, and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the owners of the site with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing the site and that accessing the site constitutes acceptance.

DISCLAIMER FOR CONTENTS OF SITE

The Website disclaims any responsibility for the accuracy and all actual content of the content appearing at, linked to on, or mentioned on the site. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty. Content on this site may be created by Visitors to this site and displayed without moderation of any kind. Visitors are responsible for the legality of all content submitted to this site. The site is not responsible for any Visitor created content. By viewing this site or using any associated sites or applications you acknowledge that you understand that unmoderated content created by Visitors may be viewed by you and the Website assumes no responsibility for such content.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

We assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitors download information from this site at their own risk. This Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website or service.

Additionally, you agree not to hold the website liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.

INDEMNIFICATION

Visitor agrees that in the event they cause damage to us or a third party as a result of or relating to the use of the site, Visitor will indemnify the Website for, and, if applicable, defend us against, any claims for damages.

SUBMISSIONS

Visitors agree, as a condition of viewing, that all communication between Visitor and Website is deemed a submission (including but not limited to images, graphics, audio files, video files, text, or any and all of the content of any upload or communication with the Site, collectively referred herein as a “Submission”). All Submissions shall become the exclusive property of the Website and may be used, sold, deleted, used or stored without further permission for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. Note that encrypted or unencrypted Submissions provided by Visitors to this Site may pass through or be stored on multiple servers in any country in the world. This Site does not guarantee the privacy of any Submission to the Site.

DATA TRANSMISSION

This Website may maintain servers around the globe (“Locations”). The Site makes efforts to ensure that Locations are always available and online but cannot guarantee 100% uptime and Visitor data may be rerouted without notice due to planned or unplanned outages or downtime. This Site cannot and does not guarantee 100% delivery of data or Submissions. Note that encrypted or unencrypted Submissions provided by Visitors to this Site may pass through or be stored on multiple servers in any country in the world before reaching a final destination.

NOTICE

No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be Kitchener, Ontario, Canada. In the event that litigation is in a federal court, the proper court shall be the closest federal court to Kitchener, Ontario, Canada.

APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

CONTACT INFORMATION

To contact us anytime please use the contact form located on this website’s contact us page. This will ensure the quickest method of contacting us. We endeavour to respond to all contact emails within 21 days.

View our DISCLAIMER page by clicking HERE. Use of this site indicates acceptance of all terms on this disclaimer page.

View our PRIVACY POLICY page by clicking HERE. Use of this site indicates acceptance of all terms on this privacy policy page.