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Terms and Conditions


Updated on October 15, 2011

Welcome to thisspace.ca, a website that allows users to vote on decisions for a new retail business in their neighbourhood. The website is owned and operated exclusively by This Space Productions, Ltd. (“This Space”), a Canadian corporation. Please read these Terms of Use (“Terms”) carefully before using this website. By accessing or using the website or by posting any content on the website, you represent and warrant that you have read, understand and agree to be bound by these Terms. Please note that by agreeing to these Terms you may be transferring valuable intellectual property rights to This Space and other parties for commercial use.

Revision

This Space may, in its sole and absolute discretion, revise these Terms at any time without further notice. If we do this, we will update the Terms on this page and will indicate at the top of this page the date these Terms were last revised. You should visit this page from time to time to review the current Terms because they are binding. If you object to any such changes, your sole recourse shall be to cease using the website. Continued use of the website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Indemnification

By using this Website, you agree to indemnify This Space, its officers, directors, employees, agents, licensors, distributors and affiliates for any and all claims, damages, losses and causes of action. The materials on this site are transmitted and distributed to the best and most comprehensive of our ability and without express or implied warranties of any kind, including, but not limited to, warranties of accuracy, reliability, completeness, title, merchantability, non-infringement, or fitness for a particular purpose. This Space does not warrant that the functions contained on the website will be uninterrupted or error-free, or that defects will be corrected.

You agree to indemnify, defend, and hold harmless This Space from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. This Space reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with This Space’s defense of such claim.

You are solely responsible for the materials you post here. You agree to indemnify and hold harmless this website and its agents with respect to any and all claims, liabilities, damages, losses, costs, expenses, or fees that other parties may incur based upon the transmission of your messages. We do not vouch for or warrant the accuracy or usefulness of any information posted, nor are we responsible for the contents of any message. The comments express the views of the author of the message and do not reflect the opinions of this website’s administrators.

In no event will This Space, its officers, directors, employees, agents, licensors, distributors and affiliates be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the This Space website (including, without limitation, use, inability to use, or the results of use of the This Space website), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any This Space party has been advised (or should have known) of the possibility of such damages.

This Space authorizes you to use the website only for your own personal, non-commercial purposes. Use of the website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the materials, you must retain on any such copies all copyright and other proprietary notices contained in the original materials. You may not modify, publicly display, publicly perform, or distribute the materials. As between you and This Space, This Space owns the This Space website. Any unauthorized use of the website may violate copyright, trademark, and other laws.

Proprietary Rights, Copyright and Trademarks

This website and all content provided on this website is protected by copyright, trademark and other applicable intellectual property and proprietary rights laws, and is owned, controlled and/or licensed by This Space. Nothing contained on this website grants, by implication, estoppels, or otherwise, any license or right to use any trademarks, logos or other names, including, but not limited to, those identifying This Space and/or its partners and related companies or their respective products and services displayed on this website, without the expressed written consent of This Space or such third party that may own such trademarks, logos and photos displayed on this site. Without the expressed written consent of This Space, no information or material from the website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way whatsoever except that you may download one copy of the materials onto any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on this Website and any content accessed through this website.

You acknowledge and agree that This Space owns all legal right, title and interest in and to the website, including any intellectual property rights which subsist in the website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within this website.

Voting Conditions

Voters are permitted one vote per poll during the business start-up process. No automatic, programmed, robotic or similar means of voting is permitted. Participants who do not comply with these Terms and Conditions, or who attempt to interfere with the voting process or the operation of the Website in any way, may be disqualified and their votes will not be counted. This Space reserves the right, in their sole discretion, to cancel, terminate, modify or suspend voting should any virus, bug, non-authorized human intervention, fraud or other causes beyond their control corrupt or affect the administration, security, fairness or proper conduct of the voting process. This Space, in its sole discretion, shall make all decisions regarding the voting process. Such decisions shall be final and shall not be subject to challenge or appeal.

This Space is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, Website, Internet or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of voting information (regardless of cause), or failed, incomplete, garbled, jumbled or delayed computer transmissions, which may limit one’s ability to vote, including any injury or damage to a participant’s or any other person’s computer relating to or resulting from participating in the voting or downloading of any materials. This Space is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which will be disqualified. This Space shall use commercially reasonable efforts to ensure the security and accuracy of all votes and the voting process (provided, however, that you acknowledge and agree that such methodologies are not infallible, and that This Space makes no guarantee as to their effectiveness). No purchase or payment of any kind is necessary to vote. Start dates and end dates for the voting process, while scheduled, are subject to change at This Space’s discretion. All decisions regarding the voting process shall be final and shall not be subject to challenge or appeal. All voting data will be confidential.

Prohibited uses

You agree not to use the website (including, without limitation, any materials or services you may obtain through your use of the websites): (a) in a manner that violates any local, provincial, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the This Space website or servers or networks connected to the This Space website. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the website; or (f) attempt to gain unauthorized access to any portion of the website or any other accounts, computer systems, or networks connected to the website, whether through hacking, password mining, or any other means.

User Submissions

The website permits you to submit votes, comments, information, data, text, designs, ideas, drawings, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to This Space an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that This Space deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). This Space reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. This Space may, but is not obligated to, pre-screen User Submissions or monitor any area of This Space through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. This Space is not required to host, display, or distribute any User Submissions on or through the website and may remove at any time or refuse any User Submissions for any reason. This Space is not responsible for any loss, theft, or damage of any kind to any User Submissions. This Space does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that This Space will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. This Space does not guarantee that you will have any recourse through This Space or any third party to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent and warrant that:

a. you may not use this service if you are not of legal age to form a binding contract with This Space;
b. you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to This Space the rights in your User Submissions described herein;
c. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
d. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to This Space described herein;
e. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
f. you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
g. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
h. your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
i. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
j. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
k. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
l. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
m. your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
n. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Links to External Websites

Links to third-party websites are provided to users as a convenience, and their inclusion in no way implies an endorsement or acceptance of the content or use of these external websites. This Space shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.

General legal terms

These Terms constitute the whole legal agreement between you and This Space and govern your use of the website and services .
You agree that This Space may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if This Space does not exercise or enforce any legal right or remedy which is contained in the Terms (or which This Space has the benefit of under any applicable law), this will not be taken to be a formal waiver of This Space’s rights and that those rights or remedies will still be available to This Space.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with This Space under the Terms, shall be governed by the laws of the Province of British Columbia without regard to its conflict of laws provisions. You and This Space agree to submit to the exclusive jurisdiction of the courts located within Province of British Columbia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that This Space shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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hello@thisspace.ca

243 Union Street
Vancouver, BC
V6A 2B2

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