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OurFaves Terms of Use

OurFaves.com is a user-generated content site and social networking service that allows Members to submit favourite things and places (“faves”), and to create unique personal profiles online.  It is owned and operated by Torstar Digital, a division of Toronto Star Newspapers Limited. Both the website, OurFaves.com, and Metroland Media Group Ltd. will be referred to as OurFaves.com in these Terms of Use. 

These Terms of Use (the “Terms”) set out the legally binding terms upon which OurFaves.com offers Users access to the site and services.  They apply to you whether you are a Member (which means you have registered with the site) or a Visitor (which means you visit the site but do not register).  The term User shall apply to Members and Visitors.

Please read these Terms carefully.  By registering with or visiting Ourfaves.com, you agree to be bound by these Terms.  If you do not agree with these Terms, please leave the website immediately and cease using any services associated with the site.  From time to time, in order to access certain services associated with the site, you may be required to download software or agree to additional terms, conditions, rules or guidelines.  All such additional terms are hereby incorporated into these Terms. 

You may view a current version of the Terms at any time by clicking on the “Terms of Use” link at the bottom of any page on the site. OurFaves.com may modify these Terms from time to time, which shall be effective upon posting of a notice in the general announcements section of the site.  Your continued use of OurFaves.com signifies your acceptance of any revised services or Terms.

Eligibility:

The site and our services may only be used by individuals who are able to form legally binding contracts under applicable law.  Without limiting the foregoing, the site and our services are not available to children, unless their use of the services and the site is under the supervision of a parent or legal guardian.  Individuals under the age of 18 should not use this site at all.

Use of the Site:

You may use this site to solicit “faves” from, and share “faves” with others.  You may search this site’s database for “faves” and business contact information.  You may forward your “faves” to people you know (your “friends”), whether or not they are existing users of this site.  You may invite your friends to join OurFaves.com. 

Site is Only a Venue: 

OurFaves.com is a venue for Users.   You are solely responsible for Your Account, the content you post and your interactions with other Users. OurFaves.com reserves the right, but has no obligation, to monitor the Site, any content or any disputes between you and other Users. Despite the prohibitions set out in these Terms, information and content provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and OurFaves.com assumes no responsibility or liability for this material.  If you become aware of misuse of the services or the site by any person, please contact OurFaves at admin@ourfaves.com.


Fees: 

Currently we do not charge any fees. However, in the future, OurFaves.com may charge for any of the services and may change its fees from time to time in its sole discretion.  If Your Account has been terminated by OurFaves.com because you have not complied with these Terms, you will not be entitled to any refunds.

Your Account: 

Users may browse the site without registering. However, you must register as a Member in order to post content or use many of the services provided on the Site.  During registration you will be asked to create an account consisting of a Member ID, email address, and Password ("Your Account") to identify yourself in future visits to the Site. You will be asked to provide some other information such as age, sex, marital status, neighborhoods you frequent, photo, and tagline, however this is voluntary information. You must provide accurate and current information to us. All of the information that you provide during Registration is collected according to the terms of our Privacy Policy. You agree to the collection and use of all personal information in accordance with the Privacy Policy.  It is your responsibility to maintain the confidentiality of your Member ID and Password and you agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account to any third party.  

Without limiting other remedies, OurFaves.com may, in its sole discretion and without liability or prior notice, immediately limit your activity, remove Your Profile, warn Users of your actions, temporarily suspend, indefinitely suspend or terminate Your Account, and your access to our services.  Cause for these actions shall include, but not be limited to, (a) your failure to comply with these Terms or the guidelines or rules it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, other Users, OurFaves.com or other third parties, (d) we believe you have engaged in illegal, unauthorized or prohibited activity through the Site, or (e) a request by law enforcement or other government agencies.  OurFaves.com may also suspend or terminate Your Account at your request or if there is an extended periods of inactivity.  

Suspension or termination shall be at OurFaves.com’s  sole discretion. OurFaves.com shall not be liable to you or any third party for any suspension or termination of Your Account or your access to our services. If Your Account is terminated, you may not continue to use the services or the Site and Your Profile will be deleted.  Even if Your Account is suspended or terminated, these Terms will remain in effect.

Your Profile: 

Your Profile is the information that you choose to make public to other Users of the Site.  While Your Account is personal information we need for registration and is not made available by us on the site, information you provide as part of Your Profile may be viewed by anyone accessing the Site.  Please choose carefully the information you post on the Site and that you provide to other Users.  Do not post anything that you would not want the world to know about (for example, your phone number, last name, address, Password, or your exact whereabouts).  Do not post anything that would embarrass you later.  Do not mislead people into thinking that you are older or younger. OurFaves.com reserves the right to delete any content posted by Users that in the sole judgment of OurFaves.com violates these Terms.

Intellectual Property: 

By posting any content to the site, you grant to OurFaves.com a non-exclusive, irrevocable, perpetual, fully-paid and royalty-free worldwide license (with a right of sublicense through unlimited levels and numbers of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute such content in any form or media, whether now known or later discovered.  You represent, warrant and covenant that (i) you own the copyright to the content posted by you or otherwise have the rights to grant the licenses herein; and (ii) posting of the content and/or the use by OurFaves.com or any other person of the content in connection with any services will not violate any contract or intellectual property rights, or any rights of privacy or personality, of any person.  You may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.  You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you on the site or used in connection with any of the services.

The site and the services contain intellectual property belonging to OurFaves.com.  All OurFaves.com content is protected by copyright, trademark, patent, and other laws.  OurFaves.com owns and retains all rights to the OurFaves.com content and to the site and the services.  OurFaves.com hereby grants you a limited, revocable and non-sublicensable license to display and reproduce the OurFaves.com content (excluding any software code) solely for your personal use in connection with viewing the Site and using the services.

Prohibited Content and Activity: 

The site and the services may only be used for lawful purposes.  You may not use the site or services to transmit, post, distribute or store any material or conduct any activities in violation of any applicable local, provincial, federal or foreign law or regulation. You agree to comply with any applicable laws, statutes, bylaws and regulations in your use of the site and our services. You agree not to use the site or services in any manner that violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of OurFaves.com or any third party, expose OurFaves.com to civil or criminal liability, or violate this Agreement. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your activities and for verifying that other Users with whom you communicate do the same. 

The site and the services are for personal use of Users only and may not be used in connection with any commercial endeavours, except those specifically endorsed or approved by OurFaves.com.  No one may collect usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email.  Unauthorized framing or linking to the site is prohibited.  Commercial advertisements, links and other forms of solicitation are prohibited and may be removed without notice. 

Without limiting the generality of the foregoing, you may not, nor may you allow others to, directly or indirectly:

  • engage in any tortious or criminal activity, including without limitation child pornography, fraud, mischief, distributing obscene material, drug dealing, gambling, harassment, stalking, spamming, intellectual property infringement or theft of trade secrets;
  • remove any copyright or other proprietary notices contained in any information displayed or downloaded from the Site;
  • cover or obscure any authorized advertisements displayed on the Site;
  • sell, reproduce, modify or attempt to modify the content of the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the content for any public or commercial purpose, including without limitation posting any content on any other web site;
  • print or copy any of the HTML or other computer programs that are accessible at this site;
  • sell or transfer Your Account or Your Profile;
  • use this site in any manner that could damage, disable, overburden or impair this Site;
  • interfere with the security of, or otherwise abuse, this site or any services, system resources, accounts, servers or networks connected to or accessible through this site or affiliated or linked sites;
  • disrupt or interfere with any other person's use or enjoyment of this site or affiliated or linked sites;
  • upload, post or otherwise transmit on this site any content that would negatively affect the functioning of the site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this site's infrastructure;
  • use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this site in whole or in part;
  • use or attempt to use another's account, password, service, system or other information without prior written authorization;
  • create or use a false identity (but you may have a username that is not your real name on this site) or attempt to impersonate any person;
  • attempt to obtain unauthorized access to this site or portions of this site that are restricted from general access;
  • advertise to or solicit any User to buy or sell any unauthorized products or services through the site or the services. 
  • transmit on, to or from this site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
  • harvest or otherwise collect information about others without their consent; or
  • register an e-mail address that you do not own or for which you do not have the express permission of the owner to register;
  • use any information obtained from the site or the services in order to harass, abuse or harm another person;
  • use the site or the services in a manner inconsistent with these Terms and any and all applicable laws and regulations.

You agree not to post any prohibited content on the site or post any links or URL's (web addresses) to sites containing prohibited content.  Prohibited content includes, without limitation, words, images, sounds or other content that

  • is obscene or involves pornography;
  • denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender;
  • depicts violent or criminal acts, or seeks to incite violence or crime;
  • relates or pertains to any "hate group," for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
  • contains nudity, violence or offensive subject matter, or defamatory or libelous statements;
  • makes abusive, harassing or unlawfully disparaging remarks or threats;
  • involves any commercial activities and/or sales without our prior consent, including promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents;
  • infringes or violates, or promotes infringement or violation of any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right, for example, by providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • includes a photograph of another person that you have posted without that person’s consent; 
  • impersonates any person or entity or that you know is misleading, false or promotes illegal activities;
  • solicits personal information from anyone under age 18 or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
  • involves the transmission of junk mail, chain letters or unsolicited mass mailing, instant messaging, phishing, spamming or the like;
  • contains restricted or password only access pages or hidden pages or images;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • provides any person’s telephone numbers, street addresses, urls or email addresses without that person’s consent; or
  • could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

OurFaves.com may take action at its sole discretion to prevent any illegal or unauthorized use of the Site or the services.  OurFaves.com reserves the right, without obligation, to remove prohibited content and to report it to the appropriate authorities.

Privacy:

Information provided to OurFaves.com in order to register for Your Account or to purchase a product or otherwise take part in a service that is administered by OurFaves.com is collected, used and disclosed in accordance with this Site’s Privacy Policy, the terms of which are incorporated into these Terms. You agree to the collection and use of all personal information in accordance with the Privacy Policy.  


Disclaimers and Limitation of Liability:

YOU AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. OURFAVES.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES.

OURFAVES.COM MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES WILL SATISFY YOUR REQUIREMENTS, OR THAT THE AVAILABILITY OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES OURFAVES.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED FROM THE SITE OR SERVICES.  

PROFILES CREATED AND POSTED BY SITE MEMBERS MAY CONTAIN LINKS TO OTHER WEBSITES.  OURFAVES.COM IS NOT RESPONSIBLE FOR ANY CONTENT ON THE SITE OR ON SUCH LINKED WEBSITES. INCLUSION OF ANY LINKS ON THE SITE BY MEMBERS DOES NOT IMPLY APPROVAL OR ENDORSEMENT BY OURFAVES.COM.  WHEN YOU ACCESS THIS SITE OR ANY THIRD PARTY SITES, YOU DO SO AT YOUR OWN RISK.

YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. 

IN NO EVENT SHALL OURFAVES.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) THE SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OR LOSS OF DATA, INFORMATION OR MESSAGES TRANSMITTED THROUGH THE SITE OR SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR INFORMATION, EVEN IF OURFAVES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OURFAVES.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

IN NO EVENT SHALL OURFAVES.COM TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO OURFAVES.COM FOR SERVICES PROVIDED.

The limitations of liability and disclaimers in this Agreement apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Release:

If you have a dispute with or claim against any person arising from any activities conducted or initiated through the site or services, you release OurFaves.com and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute.

Indemnity:

You agree to defend, indemnify and hold OurFaves.com and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from and against any and all loss, liability, claim or demand, including reasonable legal fees, made by any third party resulting from your use of the site or the services in violation of these Terms or in any manner that causes OurFaves.com to become liable to any third party.   

Other:

Changes to Site or Services: We reserve the right to terminate, change, suspend or discontinue any aspect of this site or the services at our sole discretion, including (i) changing the availability of any services, at any time without notice or liability; (ii) changing any fees or charges for use of the site, including instituting new or increased fees or charges for the use of the site or any Services or any features thereof; (iii) removing, adding, modifying or otherwise changing any services; or (iv) imposing limits on certain features and services or restricting your access to parts or all of this site without notice or liability for any reason whatsoever. We reserve the right but not the duty, in our sole discretion, to correct any errors or omissions in any portion of this site at any time without notice.  

Governing Law: This Agreement shall be governed by, interpreted and construed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws principles, as if formed by and between Ontario residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You and OurFaves.com agree to submit to the personal and exclusive jurisdiction of the courts of Ontario, and to waive any objections based upon venue in any such action, suit or proceeding. 

General: Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section of this Agreement. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. OurFaves.com’s failure to act with respect to a breach by you or others does not waive our right to act with respect to the breach at a later time or with respect to subsequent or similar breaches. You and OurFaves.com are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. You agree that, except as expressly provided herein, there shall be no third party beneficiaries to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.   All obligations imposed on you pursuant to these Terms shall survive termination or expiry of these Terms. In addition, other rules and guidelines posted throughout the site may govern your activities and use of specific Services.