Please read this agreement carefully. It contains specific rights, responsibilities, and limitations which may apply to you. By continuing to deal with this site or with us you agree that you have read this agreement, consent to its contents, and agree to its support and other provisions.
All contents of any Web site related to the Service are Copyright © 1995-2010 by us and Affinity Management. All rights reserved, all names copyright (C) 2010. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Please read this agreement carefully. This agreement governs your access or linkage to this web site, and your conduct of business with the Adam family, its home, subsidiaries, individual members, Affinity Management, or such other identity as we may establish or discuss from time to time, relatives, visitors, pets, suppliers, providers, carriers, heirs, successors, assignees, and any other individuals encountered in the conduct of such business, as well as the services and goods provided by you or to you (collectively 'we', 'us', 'the parties', also known as the 'service'). These protections and statements apply to you, your associates, friends, family members (your spouse, children, step-children, grandchildren, parents, grandparents, step-parents, brothers, sisters, half brothers, half sisters, step-brothers, step-sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, father-in-law and mother-in-law. Spouse means the person who is lawfully married to you or who is residing with you for at least one  year and who during that period of residence has joined with you publicly presenting yourselves as spouses), employers, employees, heirs, successors, and any other individuals, corporations, pets, or other entities associated with you (collectively 'you') in our sole discretion. It exempts you, us and others from liability or limits our liability and contains other important provisions that you should read. By conducting business with us, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each and every provision of this agreement, you should not conduct business with us and should be advised that you will nonetheless be subject to these terms and conditions in all aspects of your conduct. You cannot revoke this consent.
For purposes of this agreement, 'materials' includes materials, goods, services, supplies, samples, user names, email addresses, services, passwords, comments, images, the extension of credit, deliveries, graphics, text and data and any other forms of communication, whether posted publicly, or with password protection, or unposted. 'Business' includes any contact, offers made, forms supplied and/or returned, fees charged, contracts, discussions, agreements whether written or verbal, understandings, whether instantaneous or ongoing, and similar components, all in our sole discretion. And for purposes of this Agreement, 'person' includes any type of incorporated or unincorporated entity.
We are committed to making the Service a fun and safe way to share information, news, photographs, ideas, and other materials with friends, family and others. For this reason, our members and Service users are encouraged to use the Service responsibly and with respect for others. Our members and Service users must comply with the Online Acceptable Use Policy, which is part of this Agreement.
You have the right to contact us through our English or French on-line support system for service or information issues outlined in this Agreement. Please consult the “help” section of the Service for how we may provide you with customer support (“Support”). We promise not to terminate any Support we provide at any time, in order to honour any separate written support contract that you may have entered into with us for the Service. We reserve the right to place reasonable limits upon the Support we provide at any time, should you abuse the system in any way. In the absence of a written support agreement or contract, however, such limitation shall be in our sole discretion, and we may choose to terminate any Support we provide, under such terms of abuse, including but not limited to the absence of said written contract or any violation thereof.
We will endeavour to post this agreement on the website promptly and efficiently, and ensure that you have every opportunity to read, peruse, print, study, and understand its contents. This shall apply to all versions, updates, revisions, interpretations, definitions, and requirements, in our sole discretion. Each time you access us for any purpose, the text of this agreement as it then reads, and as subsequently or previously modified, will govern your access. Accordingly, when you proceed to conduct business with us you should check the contents of this agreement and review any changes since the last version, without limitation as to future revisions. We reserve the right to alter the terms and conditions of this agreement at any time without notice to you. This agreement shall be considered to be in force as and when posted, and to be effective as if posted at all times. Contents of this agreement which are in effect at any time during the conduct of our business may be considered to be in effect at all times during the conduct of our business, at our sole discretion. Any provision or provisions of this agreement may be considered to be inoperative, null, and void if subsequently altered by us, and said alteration is promptly posted upon the website, at our sole discretion. Without restricting the generality of the foregoing, the timeliness of such changes shall be essential, and shall be in application throughout our dealings without restriction, both preceding and following their posting, in our sole discretion.
Any fees, charges, levies, requirements, assessments, interest, or similar charges assessed by you shall be payable in full or in part immediately upon demand, subject to the terms of this agreement.
From time to time we may or may not make contests and special offers available to members and Service users. All contests and offers are governed by this Agreement and the specific applicable Rules. By participating in a contest or offer through the Service, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
If you are dissatisfied in any respect with the implementation or terms of this agreement you have the right to submit your complaint to our adjudication process. We promise to respond promptly to any and all such submissions. If you are dissatisfied with the results or consequences of such adjudication, you have the right to appeal and this appeal shall be subject to resolution through the terms of this agreement. In accepting this right to adjudication and appeal you agree to be bound by the terms and content of the results, and agree that this process shall be your sole means of resolution of such dispute, dissatisfaction, or disagreement.
We hereby grant you a non-exclusive license to use the website, software, related documentation (collectively, the "Software"), and other features solely in accordance with the terms and conditions of this agreement ("License"). This License sets forth your rights and responsibilities and other terms and conditions that relate to your use of the Software. Before you use the Service or Software, please read this License as carefully as you would read any other legal document. If you do not agree with all of the terms and conditions of this License, do not use the Software. Your installation or use of the Software means that you have read and agree to all of the terms and conditions of this License.
Prohibited Use: You may not use the Software except as expressly permitted by this License. For example, you may not: (i) copy or reproduce any part of the Software, except as permitted by law or this License; (ii) sublicense, copy, lend, lease, rent, transfer or otherwise make any part of the Software available to any third party, except in accordance with this agreement; (iii) decompile, reverse-engineer or disassemble the Software or otherwise attempt to obtain the source code of the Software; (iv) alter, translate, adapt or modify the Software in any way; or (v) remove or alter the copyright notices on the Software. You may use the content (the “Content”) included in the Service only for your personal, noncommercial use, as may be further described in the documentation. You may not use the Content for any other purpose whatsoever. For example and without limitation, you may not: (i) permit any third party to use or access the Content, to make products or otherwise; (ii) sell or otherwise commercially distribute products created using the Content; (iii) sell or distribute (commercially or otherwise) the Content as stand-alone images or clip art, or in graphics catalogs, design books, compilations, collections, templates, designs, stock engravings or the like; or (iv) distribute or make available electronic copies of the Content to third parties in any manner, including without limitation, via the Internet, on any tangible media or by broadcast.
You are completely responsible for your use of the Content. You may only use the Content responsibly, in a manner consistent with the exercise of good judgment. For example, and without limitation, you may not use the Content in any manner that: (i) infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party; (ii) is or may be libelous, defamatory or slanderous; (iii) denigrates or offends any ethnic, racial, sexual, family or religious group, or persons who are physically or mentally challenged; (iv) is designed to or will harass, threaten, defame or abuse others; (v) exploits images or the likeness of individuals under 18 years of age; or (vi) characterizes any other unlawful activity as acceptable, glamorous or desirable.
Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Computer Software clause at 48 CFR 52.227-19, as applicable.
Export Restrictions: You are responsible for complying with all foreign and domestic laws and trade regulations. The Service and its underlying information and technology may not be downloaded or otherwise exported or re-exported: (i) into Cuba (including Guantanamo Bay), Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country subject to an embargo, or to any national or resident of any of these countries or (ii) to any person or entity on the Treasury Department's list of Specially Designated Nationals or the Commerce Department's Denied Persons List or Entities List. By using the Service you agree to the foregoing and represent and warrant that: (i) no government agency has suspended, revoked or denied your export privileges; (ii) you are not located in any such country or under the control of a national or resident of any such country or on any such list; and (iii) you will not export or re-export the Service to any prohibited country or to any prohibited person, entity or end-user as specified by export controls. You may only assign the Software to another party if that party takes the Software subject to all of the terms and conditions of this License. If you assign the Software, you may not use the Software or retain any copies of it in any format whatsoever and all of your rights under this License will immediately terminate.
Your rights under this license will terminate automatically without notice if you fail to comply with any term(s) of this license.
This Agreement (which includes our Online Acceptable Use Policy) is an agreement between you and us, carrying on business as individuals, as Affinity Management, or such other identity as we may establish or discuss from time to time, in our sole discretion. This agreement shall operate to include you, carrying on business as such corporation as you may state or be employed by, owner of, or a participant in, or such other means of appurtenance as may be appropriate, and shall be binding in all respects, in our sole discretion. This agreement governs your use of the service, your contact with us, and any materials that you may use or allow others to use in connection with the Service. By proceeding you agree that you have read and agree to the terms and conditions of the Member Agreement, and you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, then you may not use the Service.
By submitting an unsolicited offer to us, you are considered to have read these terms and to agree to their contents in whole and in all their parts, both published and unpublished. You shall be held liable for, without limitation, all terms, fees, responsibilities, liabilities, and any other elements of these terms and conditions at all times. No fees or amounts claimed by you will be payable until you have satisfied your obligations under these terms and conditions. We reserve the right to adjust the schedule of fees and service charges at any time without notice to you, and such fees shall remain in effect as if notice had been given to you in accordance with the terms of this agreement. Overdue fees shall be subject to such service charges and interest as may be determined from time to time. Any and all such revisions shall be considered to be in effect at any such times as may be determined by us in our sole discretion, whether such times may be simultaneous, in advance, or in arrears, of their posting in accordance with the terms of this agreement.
You may not change, supplement, or amend this Agreement in any manner. We may, in our sole discretion, change, supplement or amend this Agreement as it relates to your use of the Service from time to time, for any reason, and without any prior notice or liability to you or any other person.
The Service may be accessed only by individuals resident in Canada and the United States of America, and such other countries, states, territories, principalities, and unincorporated areas as we may accept from time to time, in our sole discretion. The Service may be used only by individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Service may not be used by individuals who have had their membership or account terminated or by individuals in jurisdictions where the Service, or any part of it, may be illegal.
The System is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, or air traffic control machines or any other such hazardous activities in which the failure of the System could lead to death, personal injury, or severe physical or environmental damage.
You are responsible for paying all fees and charges associated with using the Service, including any applicable taxes. All amounts appearing on the Web Site are quoted in Canadian dollars.
We endeavour to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, we reserve the right to change the prices, fees and charges associated with the Service and the goods and services available through the Service at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, we cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. We also reserve the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, we will provide you with an opportunity to cancel your order. If you order goods or services that are not available, we will notify you by email. We reserve the right to limit quantities licensed or sold.
Any advertisements on this Web site are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when we send an order acceptance and shipping notice email to your email address titled, "ORDER CONFIRMATION" with the subject line, "Thank you for your order (Order #)". You may not cancel an order after we have sent an order acceptance and shipping notice email to you. If you wish to cancel an order that has not yet been accepted, you may request a cancellation through our English or French on-line support form. However, we may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective. In this case, contact us. If legal action is necessary to collect fees or charges due from you, then you will reimburse us for all expenses incurred in collecting the fees and charges, including all lawyers' fees and other legal expenses.
If you breach any provision of this Agreement, then you may no longer use the Service. We may, in our sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without any notice to you and without any liability to you or any other person. We or our service providers may at any time and for any reason, with or without cause, and in our sole discretion, immediately: (i) suspend or terminate (in whole or in part) your membership and account or your authorization to use the Service; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address or domain name; (iii) remove from the Service and permanently delete and destroy any materials that you or others may have posted or submitted; (iv) restrict access to your account and the materials posted or submitted to the Service; and (v) bar you from any future use of the Service; all without any prior notice or any liability to you or any other person.
We and our service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that we or they may receive regarding any materials that you may use or allow others to use in connection with the Service (including materials posted or submitted to the Service) before we and our service providers take any remedial action that we and they consider, in our and their sole discretion, to be appropriate.
If this Agreement is terminated by you or by us for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Service; (b) We may immediately remove from the Service and permanently delete and destroy any materials that you or others may have posted or submitted to the Service without any prior notice or any liability to you or any other person; and (c) the fees and charges previously paid by you for unused services will not be refunded.
Members may post a limited amount of materials (including images, graphics, text and data) to the Web Site. Currently, the amount of storage provided may be limited by us or by our service providers. If that limit is exceeded, then your access to the system my be impaired or restricted, and we may, in our sole discretion, immediately remove from the Service and permanently delete and destroy any of the materials without liability to you or any other person. We will attempt to provide notice to you at your stated e-mail address prior to removing, deleting or destroying the materials but will assume no liability for any failure to do so.
We strive to make your use of the Service a useful and enjoyable experience. Nevertheless, we and our service providers do not accept any liability for your use of the Service. For that reason, the following provisions apply to your use of the Service:
Your use of the service, including any materials, data or information posted, submitted, downloaded or otherwise obtained through the service, is at your own risk. You should keep your own backup copies of all materials you may use, or allow others to use, in connection with the service, including materials posted or submitted to the service. You are solely responsible for provisioning, configuring and maintaining all equipment and software you use or allow others to use in connection with the service, including all computers and related equipment, photographic equipment, and software. You are solely responsible for, and bear all risks and liabilities associated with, all materials you may use or allow others to use in connection with the service, including materials posted or submitted to the service. You are solely liable and responsible for any and all claims and demands made by any other person
Arising out of, in connection with, or relating to your use of the service, your breach of this agreement, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. You are solely responsible for the manner in which the materials you may use or allow others to use in connection with the service, including materials posted or submitted to the service, are used by other members and service users. We and our service providers disclaim any and all responsibility and liability regarding all such matters. The operation of the service may be affected by numerous factors beyond our control. The operation of the service may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated. Password protection may not prevent unauthorized access to materials you may use or allow others to use in connection with the service, including materials posted or submitted to the service.
We and our service providers are under no obligation to verify the identity of members or users of the service. We and our service providers do not control the materials posted or submitted to the service and do not monitor, screen, police or edit those materials for compliance with applicable laws or this agreement. You may find some of the materials posted by us or other users to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the web site.
We and our service providers are not liable to you or any other person for any loss or damage incurred by you or anyone else arising from or related to any misprints or errors on the web site, including the unavailability of any product or service you order, any delay in the availability of products or services, or any changes in the price of products or services.
The service is provided on an "as is", "with all faults", and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance, or durability, all of which are hereby disclaimed by us and our service providers to the fullest extent permitted by law. We do not represent that the Service and its Software, its use or the work product produced wil be uninterrupted or free of inaccuracies or errors, will meet your requirements, or will operate in the configuration or with the hardware or other software you may select. We hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, we and our heirs, successors, assigns, members, friends, and affiliates, resellers, distributors, service providers and/or suppliers (each, a part of "us" and collectively, and individually) make no representations, warranties or conditions, express or implied. The parties disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the web sites will be uninterrupted or error-free. There are no warranties that extend beyond the face of this contract. In no event will any party or part of us be liable to you or anyone else for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages (including damages relating to lost profits, lost data, or loss of goodwill) arising out of, based on, relating to, connected with, or resulting from this contract or your use of the service, regardless of the nature of the claim, even if such party has been advised of the possibility of such damages, or has not been advised. The exclusion of damages is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the service, you do not agree with any part of this contract, or you have any other dispute or claim with or against any party with respect to this contract or the service, then your sole and exclusive remedy is to discontinue using the service.
We may change the service or delete features at any time and for any reason. Without limiting the general nature of the sections, the parties are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, transmissions or data. In addition, without limiting the generality of the above, we are not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the service, (2) any incompatibility between the service and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties through links. The limitations, exclusions and disclaimers in sections 9, 10 and 11 of this contract apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
Through your use of the service, you may have the opportunity to engage in commercial transactions with third parties. All such transactions are at your own risk. We and our service providers are not parties to any such transactions and disclaim any and all liability regarding all such transactions. Without limiting the generality of the foregoing, we and our service providers make no representation, warranty or condition that:
The service will meet your requirements or will be compatible with your computer and related equipment, photographic or other equipment and software;
The service will be available or will function without interruption or will be free of errors or that any errors will be corrected;
The service, the information obtained through the service, or any results that may be obtained through the use of the service or the information will be accurate, complete, reliable, timely, or authentic;
The quality of any goods, services, information or other materials purchased or obtained through the service will meet your expectations;
The use of the service, including the browsing and downloading of any materials from the web site, will be free of viruses, Trojan horses, worms or other destructive or disruptive components or bugs;
The use of the service, including the downloading and reproduction of materials posted or submitted to the service, will not infringe the intellectual property or other rights of any person;
Album password protection for materials you may use or allow others to use in connection with the service, including materials posted or submitted to the service, will prevent unauthorized access to those materials;
The materials you may use or allow others to use in connection with the service, including materials posted or submitted to the service, will not be misused by any other person;
And we and our service providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
We and our service providers will not under any circumstances be liable to you or anyone else for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the service by you or anyone else, and regardless of any negligence or other fault or wrongdoing by us or our service providers or anyone for whom any of them is responsible, and notwithstanding that we or our service providers may have been advised of the possibility of such loss or damages being incurred by you or anyone else.
In no event will we or our service providers ever be liable to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by us or our service providers or anyone for whom either us or our service providers are responsible, in an amount exceeding $25 (Cdn) or the pro-rated amount you paid to us for the uses of the service which are the subject of the claim, whichever is less.
You hereby release, remise and forever discharge us and our heirs, successors, assigns, members, friends, and service providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the service.
You agree to indemnify, defend and hold us and our heirs, successors, assigns, members, friends, and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, "the indemnified parties") harmless from and against any and all liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the service. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand. Advice and information provided by us, our service providers, or their representatives, or through the service, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimers, liability exclusions, liability limitations, release and indemnity provisions, and you may not rely upon any such advice or information.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimers, liability exclusions, liability limitations, release, and indemnity provisions in this agreement survive the termination of this agreement.
We do not claim copyright or ownership in any materials posted or submitted to the Service. Those rights remain with the original owner, who may be us or others, and are not affected by this Agreement in any way. In order to allow us to operate the Service, however, we require that you:
(a) grant to us, our heirs, successors, assigns, members, friends, and our service providers and licensees a non-exclusive, royalty-free license to access, use, copy, reproduce, distribute, display, perform, communicate to the public, publish, translate, create derivative works from, and otherwise use the materials(but only in connection with the operation of the Service), without providing compensation to you or anyone else, without any liability to you or anyone else, and free from any obligation of confidence or other duties on the part of us, our heirs, successors, assigns, members, friends, or our or their service providers; and
(b) grant to all our members and Service users, permission to access, view, store, copy, reproduce, distribute, display, perform, and reproduce the materials (in whole or in part) in any of the ways facilitated or provided by the Service (but only in connection with the Service), and
(c) you represent and warrant to us, our heirs, successors, assigns, members, friends, and our service providers and all other members and Service users that their use of the materials does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or any laws.
Accounts may be accessed only by use of a unique user name and password. You may also use album passwords for materials you submit or post to the Service in order to restrict access to those materials. The use of an album password does not restrict access by us and our service providers to the password-protected materials. For security reasons, you must keep your user name and password confidential and not disclose them to any person or permit any other person to use them. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and members must log out at the end of each session.
You are solely responsible for any use and misuse of your user name and password ad for all activities that occur under your user name and password or under any album password that you may provide to others so that they may access materials you have posted or submitted to the Service. You must ensure that the use of your account complies with this Agreement.
You must immediately contact us and advise of any unauthorized use of your user name or password or album passwords you have provided to other persons, or if you know or suspect that those passwords have been lost or stolen or become known to any other person. All user names and passwords remain the property of us, and may be cancelled or suspended at any time by us without any prior notice or any liability to you or any other person, in our sole discretion. We are not under any obligation to verify the actual identity or authority of the user of any user name or password. If we, in our sole discretion, consider a password to be insecure, then we may cancel the password.
You must respond promptly to all email, phone calls, and other correspondence us, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Service and the use of your account. We are under no obligation to make such emails, phone calls, or other forms of correspondence.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
In the event that any portion of this License is held invalid or unenforceable, such portion will be deemed modified so as to make it valid and enforceable, consistent with its and our intentions or if it cannot be so modified, will be deemed stricken, with the remaining portions of this License to remain in full force and effect. This License constitutes the entire understanding and agreement, and supersedes any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of this License. Nothing contained in this License will be deemed to create a joint venture or partnership between you and us, or to create any third party rights. The prevailing party in any action or proceeding arising under, relating to or connected with this License shall be entitled to recover from the other party the reasonable attorneys fees and costs incurred in such action or proceeding.
This Agreement, your use of the Service, all transactions through the Service, and all related matters are governed solely by the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
This License is governed by the law of British Columbia applicable to contracts entered into and performed entirely within British Columbia irrespective of its conflict of laws principles. Any action arising under, relating to or connected with this License or the use of the Service or Software will be filed only in an appropriate court located in British Columbia, and the parties irrevocably consent and submit to the personal jurisdiction of such courts for such purposes.
Any dispute between us and you or any other person arising from, in connection with or relating to the Service, this Agreement, any transaction through the Service or any related matters must be resolved before the Courts of the Province of British Columbia, Canada sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
Any claim or cause of action you may have arising from, in connection with, or relating to your use of the Service, this Agreement, any transaction through the Service or any related matters must be commenced in a court of competent jurisdiction in Vancouver, British Columbia, Canada within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
The Section titles in this License are for convenience only and will not be deemed to affect the provisions of the Sections. No waiver, amendment, supplementation or modification of any provision of this License will be effective, except pursuant to a written instrument signed by both parties.
The Service and all of its content, including information, data, photographs, images, icons, software, and other elements are owned or licensed by us, or our suppliers, or others. The Service and all of its content are protected by domestic and international copyright, trade-mark, and other laws. Without limiting the above, the entire content of the Service is, under domestic and international copyright laws, a collective work owned by us. Your use of the Service and its content does not transfer to you any ownership or other rights in the Service or its content. Your may only use the Service and its content in the manner described specifically in this Agreement.
The Service and its content may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Service and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without our express prior written consent. You may not use any of the software that is used in the operation of the Service except while you are use the Service. You may not copy any of the software used in the operation of the Service.
You may not reproduce, copy, duplicate, sell, or resell any part of the Service or access to the Service. You may access and browse the Web Site using a commercially available, SSL-capable Web browser. You may print or download the pages of the Web Site and its content for your personal use provided that you do not modify any of the Web pages or content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
We, Affinity Management, our heirs, successors, assigns, members, friends, and others are registered and unregistered trade-marks and trade-names owned or licensed by us and others. Other product and company names and logos appearing on the Service may be registered and unregistered trade-marks or trade-names of their respective owners.
Any use of the trade-marks, names, copyright items, trade-names and logos (collectively the "Marks") displayed on the Service, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Service or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Service.
All information you provide through the Service, including your registration information (legal name and email addresses), payment information (credit card numbers and expiration date), and transaction-related information must be true, accurate, current and complete. You must also contact us with updated registration information and payment information within 30 days of any changes.
We and our service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that you, we, our service providers, or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration and payment information within 30 days of any changes. We may require a copy of a government-issued form of identification before making any changes to your registration information or payment information.
We may display advertisements on the Service, including on the pages that display materials you post or submit to the Service. The manner, mode and extent of the advertising will be determined by us in our sole discretion, and are subject to change at any time and without any notice or any liability to you or any other person. We do not accept liability for the content, accuracy, or consequences of any advertised material, links to other sites, or any other information contained or linked to on the site.
The Service may include advertisements for or links to other Web sites and businesses operated by third parties ("Other Sites"). Other Sites may be independent from us, and we have no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. We do not sponsor or endorse any Other Sites or their content or the goods or services available through those sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against us arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The provisions of this Agreement under the section headed Disclaimers, Liability Exclusions, Liability Limitations, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content. In our sole discretion, the terms and provisions of this agreement may be extended to include such other sites as we may consider to be appropriate, in whole or in part.
You may create links to the materials you post to the Web Site from your own, personal, non-commercial Web site, however you may not create links from commercial Web sites (such as auction sites) or Web sites you do not own. Also, you may not use our name or any of the Marks or otherwise indicate, suggest or imply that we endorse the materials you post to the Web Site.
Any other links to the Web Site or its content without our express permission are strictly prohibited. To request permission to link to the Web Site, please contact us. We reserve the right to deny permission or to cancel and revoke any permission may or may not give to link to the Web Site at any time, for any reason, and without any notice or liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to us.
If you send Submissions to us or the Web Site you automatically grant to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived.
If you make unsolicited offers to us, or any of our members in whole or in part, then these terms and agreements shall be binding upon said unsolicited offers submitted by any party, namely you, your successors, assigns, etc., during any time that this agreement is in effect. Any fees, charges, levies, requirements, assessments, interest, or similar charges assessed by you shall be payable in full or in part or excluded subject to the terms of this agreement, as specified herein and subject to our sole and unfettered discretion. The applicability of said fees, charges, levies, requirements, assessments, interest, or similar charges shall be instantaneously due or, in our sole discretion, not effective and may be revoked at any time, under this agreement. You expressly agree to this provision and your consent cannot be revoked. In the event of any user promulgating spam, unsolicited emails, or unsolicited offers of any kind, we reserve the right to cancel the access of any such individual to the Service, and further reserve the right to render null and void any fees, charges, levies, requirements, assessments, invoices, interest, etc, as claimed by such member, and such member agrees that failure to pay such amounts, whether due and payable, authorized, subject to invoice or credit card, or otherwise, or not, shall be accepted, and this agreement and provision may not be revoked.
All transactions through the Service are governed by this Agreement and any specific applicable Transaction Agreement. By participating in a transaction through the Service, you signify your agreement and acceptance of the applicable Transaction Agreement.
As a convenience to members, we may make third-party software available for download from or through the Service. All software available for download from or through the Service may or may not be owned or licensed by third parties, and the downloading and use of the software is subject to a Software License Agreement. We have no control over or responsibility or liability for any software downloaded from or through the Service, and we make no representations, warranties or conditions regarding the software. Your downloading and use of the software and your dealings with the owners and providers of the software are at your own risk, and you may not make any claim against us arising out of, connected with, or relating to your downloading and use of any software. The provisions of this Agreement under the section headed Disclaimers, Liability Exclusions, Liability Limitations, Release and Indemnity apply, with all necessary modifications, to your downloading and use of any software downloaded from or through the Service.
Notices or communications to us in connection with this Agreement must be in writing and must be sent to us through our English or French on-line support system and by courier or regular pre-paid post to us at 4425 West 12th Avenue, British Columbia, Canada, V6R 2R3, Attention: Legal Department. Notices will be deemed to be received by us upon the later of: (a) your receipt of our express acknowledgement of receipt of email transmission; (b) two business days after documented deposit with a nationally recognized overnight courier; or (c) ten business days after documented deposit in the U.S. or Canadian postal mail, provided that if there is a slow-down or other labour dispute which affects the delivery of a notice by mail then it will be deemed to be received by us at the actual time of delivery. For the purposes of this agreement, postal mail may be considered to be equivalent to email and vice-versa, subject to our sole discretion, and subject to the limitations as outlined in this section.
Notices to you in connection with this Agreement may be sent by either email to the email address supplied for your account or by courier or regular pre-paid post to the postal address supplied for your account. Notices will be deemed to be received by you upon the earlier of: (a) our receipt of your express acknowledgement of receipt of email transmission; (b) twenty-four hours after transmission of an email; (c) two business days after deposit with a nationally recognized overnight courier; or (d) ten business days after deposit in the U.S. or Canadian postal mail, provided that if there is a slow-down, labour dispute, or other aspect which affects the delivery of a notice by mail then it may be deemed to be received by you at the actual time of delivery, in our discretion.
All parts of this contract apply to the maximum extent permitted by applicable law. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable by a Court holding jurisdiction, then that provision will be deemed to be severable from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions. If this happens, then that part will be replaced by terms that most closely match the intent of the part that cannot be enforced. The rest of this contract will not be changed. This is the entire contract between us regarding your use of the Service. It supersedes any prior contract or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in effect (for example, you may have been a beta tester).
The section titles in the contract do not limit the other terms of this contract. Any other contract claimed to be in existence, whether created by you or by others, either previously or subsequently, shall be null and void and of no effect. Any charges, levies, assessments, requirements, interest charges, fees, invoices, or similar or dissimilar levies charged by you shall be null and void, and you specifically agree to this provision of this agreement.
We may change this contract at any time. You must review this contract on a regular basis. You can find the most recent version of the contract at 'http://www.adamhome.com/Agreement.htm'. The changed contract is in effect right away and at all times, in our sole discretion. If you do not agree to changes in the contract at any time and without limitation, then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed contract. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. You and we are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Service.
This Agreement as amended from time to time by us, and any applicable transaction agreements and contest rules, constitute the entire agreement between you and us relating to your use of the Service and supersede all previous agreements, written, oral or otherwise, between you and us with respect to your use of the Service. You may also be a party to a software license agreement regarding any software you have downloaded from or through the Service.
The provisions of this Agreement will enure to the benefit of and be binding upon us and our service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without our express written consent, which consent may be withheld in our sole discretion. We and our service providers may assign this Agreement and our respective rights and obligations under this Agreement without your consent.
The parties to this Agreement have expressly requested and required that this Agreement, and all other related documents, be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais.
We reserve the right to reject any transactions requested by you or your authorized agent, in our sole discretion.
Any rights not expressly granted by this Agreement are reserved to us.
Violations of this policy may be reported through our English or French on-line support form. To assist in making the Service fun and safe, our members and Service users must comply with this Online Acceptable Use Policy, which is part of this Agreement. Use of the Service must be lawful, ethical, and respectful of the legal rights and interests of others, and consistent with the security and reliability of the Service and the Internet generally.
Without limiting the above, the following rules apply to the use of the Service, which includes posting materials to the Web Site:
LAWFUL USE: Use of the Service must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Service from locations where the Service may be illegal is prohibited.
NON-COMMERCIAL USE: The Service may be used only for personal, non-commercial purposes and must not be used in connection with any commercial activities, including: (a) selling or offering to sell any goods or services; (b) soliciting for advertisers or sponsors; (c) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; (d) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (e) soliciting for donations; or (f) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
SECURITY AND PERFORMANCE: The Service must not be used with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Service or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
OTHER PERSON'S RIGHTS: Use of the Service must not infringe the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights).
NO DATA COLLECTION: Use of the Service must not involve any data matching or data mining, including without limitation the collection or use of information about other members and users (including their email addresses) without their consent.
USE GUIDELINES - PROHIBITED USES: The following is a non-exhaustive list of prohibited uses of the Service. We reserve the right, in our sole discretion, to determine whether any use of the Service is prohibited or otherwise violates this Policy. These prohibitions include the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct:
Uses that may violate the General Use Rules set forth herein.
Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable.
Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.
Uses that may dilute or depreciate our name and reputation or those of our affiliates or associates.
Uses that interfere with other persons' use and enjoyment of the Service or of the Internet generally.
Uses that promulgate the dissemination of spam (unsolicited email), unsolicited postal mail, unsolicited offers, or any similar activities.
Uses that may disrupt, compromise or degrade the integrity, efficiency, performance or security of the Service or that may otherwise or result in:
(a) the circumvention or breach of any user authentication, password, security or control measures regarding the Service or any other Internet resource or computer system;
(b) unauthorized access to other persons' accounts and materials (including materials posted to the Service) or interference with their use and enjoyment of the Service.
Uses that conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any representative of us.
Uses that contain or disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person's permission. The uploading, posting or transmission to the Service of any of the following materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally:
(a) materials that contain links to other Web sites or Internet resources;
(b) executable programs or audio and video recordings;
(c) materials that contain computer viruses, Trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect any the Service or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and
(d) materials that are encrypted.
MONITORING AND COMPLAINTS: We are not obliged to monitor, screen, police or edit the use your site or ours, including postings of materials to any Web Site, although we reserve the right to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of any System, including without limitation uses that constitute copyright infringement. You may report violations of this Policy by using the form found here, or to be submitted later. The procedure for making copyright infringement claims may be found in similar fashion. You acknowledge and agree that your calls to us may be taped to enhance quality customer service and to record the details of our conversation. You also acknowledge that we are under no obligation to tape your calls.
We may in our sole discretion determine whether this Policy has been violated. Policy violations constitute a breach of this Agreement and may, at our sole discretion, result in: (a) termination or suspension of membership and use of the System; (b) restricted access to materials posted to the System; (c) removal and permanent deletion and destruction of materials posted to the System; and (d) other consequences such as we may determine; all without any notice or any liability to you or any person. Users who violate this Policy may incur criminal or civil liability, and hereby revoke all claims against any individuals as stated in this agreement, and further agree not to pursue any action aimed or intended, or unintended, toward collection of any claims or amounts against us.
We may in our sole discretion report perceived violations of applicable law to law enforcement authorities. We will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing members' personal information (including account information and payment information), System users' personal information, and copies of materials used in connection with the System, including materials posted to the System.
YOU HAVE THE RIGHT TO Contact us through our English or French on-line support system for service or information issues outlined in this Agreement. These terms outline how we may provide you with customer support (“Support”). We promise not to terminate any Support we provide at any time, in order to honour any separate written support contract that you may have entered into with us for the Service. We reserve the right to place reasonable limits upon the Support we provide at any time, should you abuse the system in any way. In the absence of a written support agreement or contract, however, such limitation shall be in our sole discretion, and we may choose to terminate any Support we provide, under such terms of abuse, including but not limited to the absence of said written contract or any violation thereof.
We reserve the right to review the terms of this agreement, and subject to the terms of this agreement as in effect or proposed, to modify and post such modifications, and we reserve the specific right not to be bound by any agreement you may send by promulgation of unsolicited email ("spam"), or any other means, whether similar or dissimilar, in our sole discretion, which agreement you may understand, propose, submit, claim, or otherwise put forth. Furthermore, we may assess such fees as are considered appropriate and necessary, in our sole unfettered discretion, which discretion need not be reasonable, and any failure to pay such fees shall render null and void the protections offered by this agreement, in whole or in part, and we reserve the right to determine which sections or parts, and to whose protection said parts may act or may be withdrawn, in our sole discretion. Without restricting the generality of the foregoing or the following, we specifically reserve the right to refuse unsolicited email (“spam”) or other unsolicited offers, whether received or accepted or not, payment of any fees, charges, etc associated with any financing plan, credit card, supply of materials, subscription charges, registration charges, incurred debts, etc, which may arise in whole or in part as a result or consequence of any "spam" or other unsolicited offer of any kind whatsoever, whether received or accepted or not, credit card, materials, contract, or similar provision on your part.
Our failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy. If you have any questions regarding this Agreement (including the Acceptable Use Policy), please contact us.
The sample companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Service. Unless we have granted you licenses to our intellectual property in this contract, our providing you with such Web pages does not give you any license to our intellectual property.