The contents of this website do not constitute an offer of goods or service. Any offer made exclusively by the business described above at its premises. Under no circumstances will Gold Book its subsidiaries, affiliates, employees agents be responsible for any direct or consequential loss or damage in any way related to the business, information, products or services described in this website.
(For further terms relating to website hosting please see below.) Here we are, a nice friendly hometown Internet community. So why all this legal stuff? Well, it seems that every web site that is open to the public needs to set out the rules. So here they are. We're sorry if they sound so stiff. We don't like them much either. www.goldbook.ca ("Goldbook"), is a service of Metroland Media Group Ltd. ("MMGL"). By accessing, reading, writing or browsing Goldbook, you agree to abide by these terms of use.
MMGL does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on Goldbook (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products").
You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. MMGL. reserves the right, in its sole discretion and without any obligation, to make changes to, or correct any error or omissions in any portion of the Service, the Products or the Materials.
The Service , Products and the Materials are provided by MMGL on an "as is" basis, and MMGL. expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose.. In no event shall MMGL be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the Materials or the Products. MMGL. encourages you to exercise discretion while browsing the Internet. Goldbook may direct you to sites containing information that some people may find offensive or inappropriate. MMGL. makes no representations concerning any endeavor to review the content of sites listed in the directory or any of the Materials, and MMGL. is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the directory or in the Materials.
You are responsible for your own actions, words, and statements while you are connected to Goldbook. By logging in to Goldbook, completing the registration process, or selecting the "login" option, you are indicating your agreement to be bound by these terms of use. These terms may be modified periodically by MMGL. in its discretion. Such changes will be posted on Goldbook. As well, you should return to this page for the current terms. MMGL. is not the publisher or author of any of the works posted by the Topic Managers, Contributing Editors or writers or members or other persons.
MMGL. does not screen any work posted by users on Goldbook. MMGL. cannot guarantee security, but reasonable steps are taken in an effort to maintain security on the system. If you feel security has been breached, please bring up your concerns with a Goldbook staff member. If MMGL. suspects that an account may be in use by someone who is not authorized by the account holder, MMGL. may disable that account. MMGL. reserves the right to reject material, remove material from the site, refuse service to anyone and to cancel an account at any time in it's sole and absolute discretion.
All persons placing material on the site are legally and ethically responsible for their work - writings, files, pictures, or any other work - posted or transmitted using any of Goldbook's services including, but not limited to: email, conferencing, the World Wide Web, USENET, or any other service that allows interaction or dissemination of information. In posting works on Goldbook, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, the right not to be libeled or slandered. Anyone wishing to post a copyrighted work on Goldbook, is responsible for obtaining the copyright holder's permission first.
In posting a work via any service offered by Goldbook, you authorize any Goldbook and member of the public who has access to that service to make personal and customary use of the work, including creating links to your work or reposting it among conference areas to which the author has access, but not to commercially reproduce or disseminate it unless permission has been given. You also give permission to Goldbook to copy your works as part of the normal backup process, and to archive topics containing your works. Subject to any agreement between MMGL and the content provider regarding the copyright of original work posted by a member of the public or other content provider, Goldbook becomes the owner of all electronic data via posted articles, discussions, etc. and does not allow reproduction of this work unless specifically granted to an individual or organization for a one time use, and Goldbook is cited as the owner.
You alone are responsible for the content of your messages, and the consequences of any such messages. Goldbook reserves the right to terminate your use of the site if you are violating any of the following guidelines. Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. Goldbook is to be used by you for your personal use only. Commercial uses of Goldbook are strictly prohibited unless prior written consent from Goldbook has been granted. You agree that you will not use any service of Goldbook for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. Y
ou further agree not to use Goldbook to send or post on message boards, any message(s) or material that is not in accord with the Goldbook Code of Acceptable Use or that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Goldbook reserves the right to delete any such material from the site. Copies of the Goldbook Code of Acceptable Use may be obtained from the company on request to info@goldbook.ca. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of Goldbook. You further agree not to use an inappropriate user name of any kind. If you do happen to choose an alias that a person, group, or organization deems inappropriate, you may be asked to changie it. If you do not, Goldbook may terminate your account.
You agree not to post or use Goldbook to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. Unless otherwise expressly agreed to in writing, it is agreed that by submitting content to any part of Goldbook, including, but not limited to: message boards, forums, contests and chat rooms, you grant Goldbook, and its affiliates the royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Goldbook is not responsible for any material and/or data obtained through downloading or other means, which may be responsible for any damage to your computer system, data, or any personal objects. Goldbook cannot and does not guarantee the accuracy or completeness of any information provided on the site by Goldbook staff, Topic Managers, writers, artists, Contributing Editors, or other persons or members. Goldbook is not responsible for the content or links to the content of the Internet, World Wide Web, FTP sites, USENET, or any other service that is outside of the Goldbook web site. Goldbook takes no responsibility for the quality, suitability, functionality, or legality of any site which may be linked to or from Goldbook. If Goldbook permits members to post classified ads, Goldbook takes no responsibility in the accuracy of the content or suitability of these.
Goldbook encourages members to engage one another in debates, but does not condone personal attacks on members. Ideas can be disputed or challenged, but attacks on a personal level are unacceptable.. In the event that Goldbook determines that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community served by Goldbook, Goldbook reserves the right to: (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s); (iii) delete all content provided by you to Goldbook; (iv) revoke any membership in Goldbook and/or any other future Goldbook services, (v) take any other action which Goldbook deems necessary and appropriate. Trademark Information: The Goldbook logos and product and service names are trademarks of MMGL. Copyright ©, - Metroland Media Group Ltd. All Rights Reserved.
This agreement between the client, being the person or entity for whome the Internet website or service is provided (herein called "the client") and Metroland Media Group Ltd. (MMGL). (herein called "Goldbook" ) or any related site or service includes the following terms: Under this Agreement, you must comply with the terms of the current "Acceptable Use Policy," of Goldbook and MMGL as set out on this page. Such terms may be revised by Goldbook during the currency at any time by Goldbook posting notice of revisions on the website and from the date of such posting such revisions shall be binding on both parties. In the event that such revisions are not acceptable to the client, the client has the option to terminate this agreement within sixty days of the posting of such revisions and on sixty days notice in which case any monthly payments outstanding at the end of the sixty day notice period shall be due and payable forwith and Goldbook will have no other liability to the Client.
1. Websites provided under this contract to the client are hosted by Goldbook for the agreed upon Client's domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Client. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated prior. Termination of services must be faxed or delivered by certified mail at least 30 days prior to the termination date. Phone and email notification is not acceptable. Goldbook shall have the right to terminate this Agreement at any time and without prior notice.
2. Goldbook's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Goldbook expressly disclaims any representation or warranty that the Goldbook services will be error-free, secure or uninterrupted. No oral advice or written information given by Goldbook, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. In the event of any error in any information on the Client’s website, regardless of who posts such information, Goldbook's sole responsibility will be to correct such error within a reasonable time of receipt of notice of such error from the client. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Client agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Goldbook, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Goldbook based upon the severity of the violation. Goldbook reserves the right to refuse service if any of the content within, or any links from, the Client's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Goldbook's then current Acceptable Use Policy, in the sole and absolute opinion of Goldbook. Notwithstanding anything in this Agreement, the content of the Client's website is the sole responsibility of the Client. The Client agrees to indemnify and hold harmless Goldbook and its affiliates and parent company and its and their employees, advisors, directors and officers (“the Goldbook Indemnified Parties) from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Goldbook and Goldbook, (collectively, "Claims") related to or in connection with the content of the Client's website. The terms of this Section will survive any termination of this Agreement.
6. The Client agrees not to harm Goldbook, their reputation, computer systems, programming and/or other persons using Goldbook's services. Goldbook reserves the right to select the server for Client's website for best performance. The Client understands that the services provided by Goldbook are provided on a shared server. The Client agrees to indemnify and hold harmless the Goldbook Indemnified Parties and any other Client from any and all Claims resulting from the Client's use of the services provided by Goldbook The terms of this Section will survive any termination of this Agreement.
7. The Client's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Goldbook.
8. The Client may not sell or resell advertising or webspace on a Goldbook website or Internet service to a third party. The e-mail distribution by the Client of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Client refuses to remove any advertising or other third party content deemed objectionable by Goldbook, Goldbook may terminate the services being provided to the Client.
9. Goldbook will use its best efforts to maintain a full timeInternet presence for the Client. The Client hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Goldbook or Goldbook be liable to the Client for any damages resulting from or related to any failure or delay of Goldbook or Goldbook in providing access to the Internet under this Agreement. In no event shall Goldbook or Goldbook be liable to the Client for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Goldbook or Goldbook under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Client hereunder. The terms of this Section will survive any termination of this Agreement.
10. The Client is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Client's account, the Client will be liable for any unauthorized use of the Goldbook or Goldbook services, including any damages resulting therefrom, until the Client notifies Goldbook 's customer service.
11. If Goldbook assigns the Client an Internet Protocol address in connection with the Client's use of the Goldbook services, the right to use that Internet Protocol address will remain with and belong only to Goldbook, and the Client will have no right to use that Internet Protocol address except as allowed by Goldbook in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Client and Goldbook with respect to the Goldbook services and supercedes all prior agreements between the Client and Goldbook. Goldbook's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt in good faith to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Nothwithstanding the foregoing, nothing in this agreement shall limit either party’s ability to bring an action in accordance with this Agreement..
14. The Client agrees to indemnify and hold the Goldbook Indemnified Parties harmless from any and all Claims resulting from or connected with any activities conducted by the Client. The Client and Goldbook will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. Goldbook may include the Client's name and contact information in directories of Goldbook service subscribers for the purpose promoting the use of the services by additional potential clients. However, Goldbook is not authorized to print the Client's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Client.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the province of Ontario (excluding its choice of law rules) and the federal laws of Canada applicable therein. The Client hereby consents to personal jurisdiction in the federal and provincial courts of Ontario, Canada for any action arising out of or relating to the Client's use of the Goldbook or Goldbook services. The federal and provincial courts of Ontario, Canada will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.