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TakeOffeh.com™ Inc. provides a collection of online resources, including classified travel offer ad listings, forums and various email, personalized notices and RSS services, (referred to hereafter as "the Service") on TakeOffeh.com™ subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular TakeOffeh.com™ Inc. services, you agree to abide by any applicable posted guidelines for all TakeOffeh.com™ Inc. services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with TakeOffeh.com™ in any way, your only recourse is to immediately discontinue use of TakeOffeh.com™.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.takeoffeh.com/termsofuse.php
You understand that all postings, messages, images, photos, audio, video or other materials ("Content") posted to or linked from the Travel Market section of TakeOffeh.com™ are the sole responsibility of the advertiser from which such Content originated. You understand that TakeOffeh.com™ Inc. does not control, and is not responsible for Travel Market Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. Furthermore, the TakeOffeh.com™ site and Content available through the Service contains links to other websites, which are completely independent of the TakeOffeh.com™ site. TakeOffeh.com™ Inc. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and that under no circumstances will TakeOffeh.com™ Inc. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that TakeOffeh.com™ Inc. does not pre-screen or approve Content, but that TakeOffeh.com™ Inc. shall have the right (but not the obligation) at its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
The TakeOffeh.com™ site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the TakeOffeh.com™ site, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that TakeOffeh.com™ Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TakeOffeh.com™ Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TakeOffeh.com™ Inc., its officers, directors, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or TakeOffeh.com™ Inc.’s service.
TakeOffeh.com™ Inc. has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.takeoffeh.com/privacypolicy.php
Your use of the TakeOffeh.com™ website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that TakeOffeh.com Inc. may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of TakeOffeh.com Inc., its users or the general public.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct of any kind;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a TakeOffeh.com Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes" or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the TakeOffeh.com site which are not designated for such purposes; or emailed to TakeOffeh.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
j) that includes links to commercial services or web sites, except as an approved advertiser in Travel Market postings;
k) 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;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
m) that employs misleading email addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
n) contact anyone who has asked not to be contacted;
o) "stalk" or otherwise harass anyone;
p) collect personal data about other users for commercial or unlawful purposes;
q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by TakeOffeh.com Inc.;
r) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
s) attempt to gain unauthorized access to TakeOffeh.com™ Inc.'s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the TakeOffeh.com™ website;
t) use any form of automated device or computer program that enables the submission of postings on the TakeOffeh.com™ website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals without the prior consent and written agreement between yourself and TakeOffeh.com™ Inc.
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on TakeOffeh.com's™ website resources, you may not use a Posting Agent to post Content to the Service. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others.
You understand and agree that sending unsolicited e-mail advertisements to TakeOffeh.com™ e-mail addresses or through TakeOffeh.com™ Inc. computer systems or any unauthorized use of TakeOffeh.com™ Inc. computer systems is a violation of these Terms and certain federal and provincial laws. Such violations may subject the sender and his or her agents to criminal proceedings and penalties.
TakeOffeh.com™ Inc. offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. TakeOffeh.com™ Inc. permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'TakeOffeh.com™' as the source, (d) your use or display does not suggest that TakeOffeh.com™ Inc. promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden TakeOffeh.com Inc.'s systems. TakeOffeh.com™ Inc. reserves all rights to the content of the RSS feeds and may terminate any RSS feed at any time.
You agree not to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein.
You agree that TakeOffeh.com™ Inc., in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if TakeOffeh.com™ Inc. believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree not to attempt to use the Service after said termination. Related sections of the TOU shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TakeOffeh.com™ Inc. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of TakeOffeh.com Inc., and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. TAKEOFFEH is a registered trademark in the Canadian Intellectual Property Office.
Although TakeOffeh.com™ Inc. does not claim ownership of content that it or its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TakeOffeh.com™ Inc. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant TakeOffeh.com™ Inc. all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
UNDER NO CIRCUMSTANCES SHALL TAKEOFFEH.COM™ INC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TAKEOFFEH.COM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TAKEOFFEH.COM WEBSITE, CONTENT OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TAKEOFFEH.COM WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE TAKEOFFEH.COM WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE TAKEOFFEH.COM WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TAKEOFFEH.COM WEBSITE OR THE SERVICE OR ANY LINKS ON THE TAKEOFFEH.COM WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TAKEOFFEH.COM WEBSITE OR THE SERVICE OR ANY LINKS ON THE TAKEOFFEH.COM WEBSITE.
TAKEOFFEH.COM INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH RESPECT TO ITS CONTENT (INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF FITNESS, MERCHANTABIITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USEAGE), IN ADDITION TAKEOFFEH.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT THE OPERATION OF THE TAKEOFFEH.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND TAKEOFFEH.COM INC. WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
SOME TAKEOFFEH.COM INC. CONTENT HAS BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES AND SUCH CONTENT SHOULD NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED ENDORSEMENT OF ANY THIRD PARTY CONTENT AND TAKEOFFEH.COM INC. WILL NOT BE LIABLE IF IN ANY MANNER WHATSOEVER FOR ANY INFORMATION, MATERIAL OR CONTENT OF ANY THIRD PARTY.
TAKEOFFEH.COM INC. AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR SHAREHOLDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THESE TOU, EVEN IF TAKEOFFEH.COM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAKEOFFEH.COM INC.’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TOU WILL NOT EXCEED THE TOTAL FEES PAID TO TAKEOFFEH.COM UNDER THIS AGREEMENT.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold TakeOffeh.com™ Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein or your violation of any rights of another.
The TOU constitute the entire agreement between you and TakeOffeh.com™ Inc. and govern your use of the Service, superceding any prior agreements between you and TakeOffEh.com™ Inc.. The TOU and the relationship between you and TakeOffeh.com™ Inc. shall be governed by the laws of the Province of Ontario.
Please report any violations of the TOU, by identifying the content for review in an e-mail to:
info@takeoffeh.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We welcome your questions and comments on this document via e-mail to:
customerservice@takeoffeh.com
TakeOffeh is a trademark of TakeOffeh.com Inc. Copyright TakeOffeh.com Inc. 2007-2008.
All rights reserved.
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