Terms of Use
These Terms of Use are current as of 2016/03/25.
These Terms of Use (“Terms of Use”) constitute a binding agreement between you and Smartryk Foster Publications (referred to herein as “us”, “we”, “our”, “this website”, “SFP” or “Smartryk Foster Publications”). These Terms of Use govern your use of each of our consumer web sites (each shall be referred to as a “Site” and, collectively, “Sites”) as well as your use of various products and services related to such Site (collectively, the “Service”). By using the Site (which includes visiting, accessing and browsing the Site) or the Service, you acknowledge and signify that you have read, understood and agreed to be bound by these Terms of Use and by the terms stated in the Smartryk Foster Publications Privacy Policy (the “Privacy Policy”). If you do not agree with these Terms of Use and the terms of the Privacy Policy, you are not allowed to use our Sites nor Services.
As used in these Terms of Use, “your”, “yourself”, “you”, “user”, and “users” refer to the user of the Site and/or any person named in any online submission form completed by or on behalf of you in connection with your submission. References to our “Affiliates” include our owners, subsidiaries, affiliated companies, licensors, service providers, suppliers, partners, and advertisers, and the term also includes (without limitation) all parties involved in creating, producing, and/or delivering the Site(s) and/or the Service(s).
These Terms of Use are a Binding Form of Agreement.
BY USING THE SITES AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY INDICATE TO US THAT YOU ARE DULY AUTHORIZED TO BIND SUCH ENTITY TO THESE TERMS OF USE.
IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NEITHER USE THIS SITE NOR THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MUST NEITHER USE OUR SITES NOR THE SERVICES.
You expressly consent to these Terms of Use being formed electronically without the need for a signature by you nor by us.
Privacy Policy
The Privacy Policy can be read Privacy Policy. You are required to read the Privacy Policy before you enter any information about yourself or another person into any field on any of our Sites (which includes this Site).
Communications
By agreeing to these Terms of Use (and by signing up to our newsletter or any other such service), you are giving your consent to Smartryk Foster Publications communicating with you.
The information that we obtain through your use of the Site and/or the Service is subject to these Terms of Use and subject to our Privacy Policy. You consent to our collection, use and disclosure of your personal information, as stated in these Terms of Use and as stated in our Privacy Policy. These Terms of Use will govern our Privacy Policy if there are any inconsistencies between these Terms of Use and our Privacy Policy.
If you contact us through the Site’s Contact form or by any other means, or you sign up to receive a newsletter or any similar thing, will be required to provide specific pieces of information, including your name, your email address, and any other information (“User Information”) that is required by the sign-up form.
By signing-up, you represent that your User Information is true and accurate and you agree to update your User Information as required in order to keep it current, accurate, and complete. Smartryk Foster Publications is not responsible for anything that arises out of your User Information not being current, being inaccurate, and/or being incomplete.
If you with to unsubscribe from a newsletter or other such thing, you may do so by by using the ‘unsubscribe’ link in such thing or by contacting Smartryk Foster Publications through the Contact form on this Site. If you unsubscribe, your User Information will be removed in a timely manner and in accordance with the Privacy Policy.
You are not allowed to provide any false personal information to Smartryk Foster Publications nor use User Information which belongs to anyone else without permission from the person to entity to whom the User Information belongs.
You are not allowed to impersonating, or act with the intention of impersonating, any person nor entity.
You are not allowed to use a username that is unlawful nor a username that is obscene.
Smartryk Foster Publications reserves the right, in its sole discretion, to disallow any person or entity to sign-up and to cancel a subscription of any person or entity. You alone are liable and responsible for all activity that occurs in connection to your subscription and your personal information that is linked to your subscription, which includes the use of your subscriptions and/or your User Information by others, and it is your responsibility to maintain the confidentiality of your User Information. You are not allowed to use another person’s nor entity’s subscription nor User Information without such entity’s or person’s prior permission. You shall immediately notify Smartryk Foster Publications, in writing or through the Contact form on this Site or by email through one of Smartryk Foster Publications’ email addresses that are designated to receive emails, of any unauthorized use of your User Information and/or your subscription and of any other security breaches that you are aware of in regard to your subscription and in regard to your User Information.
Use of the Site(s) and Use of the Service(s)
Subject to these Terms of Use, Smartryk Foster Publications hereby grants to you the right to access the Site(s) for your own personal use. The Site(s) may not be used for any purpose which is not expressly permitted by these Terms of Use. You may not copy, reproduce, duplicate, sell, or resell any part of the Site(s) nor the content thereof.
Your use of the Site(s) and/or Service(s) is subject to the following conditions:
You will not use the Site(s) nor Service(s) for any purpose that is deemed to be unlawful and/or prohibited by these Terms of Use. You will not to use the Site(s) or the Service(s) in a manner that could overburden, disable, nor impair our Site(s) nor our Service(s). You may neither obtain nor attempt to obtain any material nor information through unlawful means.
You may print or download the pages of the Site for your own personal use provided that you do not alter nor remove any visible and/or invisible identifications, marks, notices, nor disclaimers. You are prohibited from promoting, conducting, and participating in any and all illegal activities, sending any and all viruses, distributing any and all viruses, interfering with our Sites, interfering with our Services, creating any other undue burden on the Sites, creating any undue burden on the Services. If you breach these Terms of Use, your ability to access and/or use our Sites and Services may be terminated.
Smartryk Foster Publications does not tolerate pornography of any kind, including, without limitation, animal pornography and child pornography, and will make effort to report any person or entity who sends, or appears to send, any form of pornography to us.
Installations
Any and all browser extensions and applications that you install in a computing device will be subject to the terms of the license agreement that govern such browser extensions or applications. Smartryk Foster Publications will not be held responsible for any browser extensions nor applications that you install on a computing device, even if your computing device requires such browser extensions or applications to be installed in order to be able to view our Sites or our Services.
Trademarks, Logos, Trade Names
Smartryk Foster Publications and various designs, logos, and slogans are trademarks and trade names which belong to Smartryk Foster Publications and/or are licensed to be used by Smartryk Foster Publications. Product names, company names and logos that appear on the Sites and on the Services may be registered or unregistered trade names, trademarks, service marks and logos (collectively the “Marks”) of their respective owners. Any use of the Marks displayed on the Site, except as stated in these Terms of Use, is strictly forbidden. Nothing that appears on the Sites nor anywhere else shall be construed to grant, neither by implication nor by anything else, any right nor license to use any Marks that are, or have been in the past, displayed on our Sites and displayed on our Services. Your use of our Site and/or our Services does transfer any ownership nor any other rights to you nor to any other person regarding our Sites nor our Services nor any content that appears, or appeared, on such Sites and Services.
Links to Other Sites
Our Sites includes links to other websites, resources, and businesses operated by other persons or entities (“Other Sites”). Smartryk Foster Publications has no control over Other Sites and links to Other Sites are only provided for your convenience. Smartryk Foster Publications in neither responsible nor liability for anything that happens in regard to Other Sites. You use Other Sites at your own risk.
Changes to these Terms of Use
We reserve the right to change these Terms of Use at any time, for any reason, without liability to you nor to any other person nor entity. You acknowledge and agree that it is your responsibility to review these Terms of Use on the Site often and to be aware of any changes that are made to the Terms of Use. By using the Sites and/or Services after any changes to the Terms of Use, you agree to abide by and be bound by the modified the Terms of Use. You are not allowed to change, supplement, nor amend these Terms of Use. We will notify you of changes that have been made to the Terms of Use by stating, on the Terms of Use page on the Sites, which date the Terms of Use are current as of.
We reserve the sole right to discontinue, extend, enhance, and otherwise modify the Sites, the Services, and their contents at any time: we shall not be liable to you nor to any party when we exercise our right to do so. All changes that are made to the Site and to the Service shall be governed by these Terms of Use and all then-current changes made to these Terms of Use.
Submitted Content
You are not allowed to submit nor send any content (which includes but is not limited to all text, ideas, comments, suggestions, files, audio, videos, photos, and other material: collectively “Submissions”) to Smartryk Foster Publications unless you are the rights-holder of such content or unless you have received explicit permission from the rights-holder of such content; if you not the rights-holder of such content, you must indicate clearly to Smartryk Foster Publications that you are not the rights-holder AND who the rights-holder(s) is/are AND that you have received explicit permission from the rights-holder(s) to submit that content to Smartryk Foster Publications AND you must make sure that the rights-holder(s) understands and agrees to these Terms of Use in regard to Submissions submitted to Smartryk Foster Publications.
When you submit and otherwise send Submissions to Smartryk Foster Publications through any means, you automatically grant (or you warrant that the rights-holder of the Submissions grants) a perpetual, irrevocable, royalty-free, non-exclusive, unrestricted, worldwide, assignable, license, sublicensable, and right to Smartryk Foster Publications and its Affiliates and their Assigns, to use, copy, reproduce, modify, adapt, publish, create derivative works from, translate, perform, distribute, display and otherwise exploit the Submissions and any ideas, concepts, knowledge and techniques which are associated with the Submissions for any and all purposes, including commercial purposes, and by use of any form, media, or technology currently known or later developed, without providing compensation to you nor to any other entity nor person, and without any liability whatsoever, and free from other duties and you agree, represent and warrant that all ethical rights in the Submissions are waived in favour of Smartryk Foster Publications and its Affiliates and its Assigns.
Smartryk Foster Publications will preserve some content and may also disclose content if required to do so by law or if Smartryk Foster Publications believes that such disclosure is reasonably necessary to: respond to claims that any content violates the rights of third parties; or to enforce these Terms of Use; or to protect the property, rights, or personal safety of Smartryk Foster Publications, users and/or the public.
Smartryk Foster Publications retains the right to monitor all content that is submitted to Smartryk Foster Publications and that is uploaded to or otherwise put on and/or in the Site(s) and/or Service(s).
Disclaimer and Limitation of Liability
Smartryk Foster Publications and its Affiliates and its Assigns do not accept any liability for your use of the Site nor your use of the Service. You agree that your use of the Sites and Services is at your own risk and that Smartryk Foster Publications its Affiliates and its Assigns bear no responsibility, no liability and no obligation, legal or otherwise, to you nor to anyone else as a result of your use, or someone else’s use, of the Sites and Services.
The Sites and Services are provided “As is” and without any representation nor warranty that the Sites and Services will be fit for any purpose, commercial nor otherwise. Your use of the information on the Sites and Services, and in the Sites and Services, is entirely at your own risk; neither Smartryk Foster Publications nor its Affiliates nor its Assigns make claims of the usefulness of such information to you nor to anyone whom you represent.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SMARTRYK FOSTER PUBLICATIONS, ITS AFFILIATES, ITS ASSIGNS, AND ALL OF THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PARTIES, INFORMATION PARTIES, SUPPLIERS, LICENSORS, LICENSEES, AND ALL OTHER ENTITIES AND PEOPLE WHO ARE RELATED, ASSOCIATED, OR CONNECTED (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION TO ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED TO: YOUR USE OF THE SITE OR THE SERVICE; THE USE OF THE SITE OR THE SERVICE BY SOMEONE IMPERSONATING YOU; YOUR BREACH OF THIS AGREEMENT. YOU WILL FULLY ASSIST AND COOPERATE WITH THE INDEMNIFIED PARTIES IN THE DEFENCE OF ALL SUCH CLAIMS AND DEMANDS. YOU FURTHER AGREE TO INDEMNIFY SMARTRYK FOSTER PUBLICATIONS AND ITS AFFILIATES FROM ALL SUITS, COSTS, DAMAGES, AND LIABILITIES WITHOUT LIMITATION ARISING FROM ANY AND ALL COMMUNICATIONS AND TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITES OR THE SERVICES.
ADVICE AND/OR INFORMATION PROVIDED BY SMARTRYK FOSTER PUBLICATIONS OR ITS REPRESENTATIVES, WHETHER WRITTEN, ORAL, OR OTHERWISE COMMUNICATED, WILL NOT CREATE ANY WARRANTY, NOR REPRESENTATION, NOR CONDITION, NOR AMEND THIS AGREEMENT, WHICH INCLUDES THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS; YOU ARE NOT GRANTED PERMISSION TO RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities that are prohibited by legislation in some jurisdictions may apply to you.
The Disclaimer and Limitation of Liabilities provisions in these Terms of Use survive indefinitely after this agreement is terminated.
Termination
You agree that we may, in our sole discretion, terminate or suspend all or part of your access to the Site and/or the Service without notice and for any reason, which includes without limitation our belief that you have acted inconsistently with or breached the letter or the spirit of these Terms of Use. We may also terminate your license to any content that is licensed to you from us in the event that you breach these Terms of Use. You may terminate your use of our Services at any time.
Upon termination or suspension, regardless of the reasons therefor, your right to use the Sites and the Services ends immediately and you acknowledge and agree that we may immediately deactivate your account, as applicable, and delete all related information and/or bar any further access to the Service or the Site or any content that has been licensed to you. We shall not be liable to you nor to any third party for any claims nor damages which arise out of any termination or suspension or any other actions taken by us in connection therewith. Any terms of these Terms of Use that by their nature extend beyond the termination of these Terms of Use, including the Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity provisions, as well as your liability for any unpaid charges, shall survive any termination and remain in effect until fulfilled.
Assignment and Severability
These Terms of Use are personal to you: you may not assign your rights nor obligations to any person nor entity; any attempted assignment is a violation of these Terms of Use and shall be void. The provisions of these Terms of Use will be binding upon Smartryk Foster Publications and each of its Affiliates and each of its Assigns and each of their respective successors and related people and and you and your heirs, executors, administrators, permitted assigns, successors, and personal representatives.
Any provision in these Terms of Use that is found to be invalid or unenforceable under applicable law will not affect the remaining provision; the remaining provisions will continue in full force and in full effect.
Waiver of Rights
No waiver, neither express nor implied, by either party of any breach of, nor default under, these Terms of Use will constitute a continuing waiver of such breach or default nor be deemed to be a waiver of any preceding nor subsequent breach or default.
No Partnership
You and Smartryk Foster Publications are independent and no agency, partnership, joint venture, employment or franchise relationship is intended nor implied nor created by these Terms of Use nor your use of the Sites nor the Services.
Disclaimer in regard to UN Committee
We expressly exclude the UN Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted at any time, as well as any provincial legislation in Canada enacting such convention.
Governing Law
These Terms of Use, your use of the Sites and the Services, and all related matters are governed only by the laws of Ontario, Canada and the Canadian federal laws which are applicable therein and to the exclusion of any and all private laws and to the exclusion of any and all international laws.
Any dispute that arises between Smartryk Foster Publications and you or any other person or entity from, or connected to or relating to the Sites, the Services, these Terms of Use or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada; you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect to any such matter or dispute.
Any cause of action or claim that you may have arising from, connected with, or relating to your use of the Sites, the Services, these Terms of Use, and any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within three (3) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of all statutes and laws to the contrary.