1. ACCEPTANCE OF TERMS
The services that Onemore Property Inc. provides to User is subject to the
following Terms of Use (”TOU”). Onemore Property Inc. reserves the right to
update the TOU at any time without notice to User. The most current version of
the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located
at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable
to use of www.torontoflower.org, including, but not limited to, supplemental
terms and conditions set forth hereof (”Supplemental Terms”) governing the use
of certain specific material contained in www.torontoflower.org, sets forth the
terms and conditions that apply to use of www.torontoflower.org by User. By
using Onemore Property Inc. (other than to read this Agreement for the first
time), User agrees to comply with all of the terms and conditions hereof. The
right to use www.torontoflower.org is personal to User and is not transferable
to any other person or entity. User is responsible for all use of User’s Account
(under any screen name or password) and for ensuring that all use of User’s
Account complies fully with the provisions of this Agreement. User shall be
responsible for protecting the confidentiality of User’s password(s), if any.
B. Onemore Property Inc. shall have the right at any time to change or
discontinue any aspect or feature of www.torontoflower.org, including, but not
limited to, content, hours of availability, and equipment needed for access or
use.
2. CHANGED TERMS
Onemore Property Inc. shall have the right at any time to change or modify the
terms and conditions applicable to User’s use of www.torontoflower.org, or any
part thereof, or to impose new conditions, including, but not limited to, adding
fees and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on www.torontoflower.org, or by
electronic or conventional mail, or by any other means by which User obtains
notice thereof. Any use of www.torontoflower.org by User after such notice shall
be deemed to constitute acceptance by User of such changes, modifications or
additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Onemore Property Inc. provides User with access to a
variety of resources, including download areas, communication forums and product
information (collectively “Services”). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties, are
subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of
www.torontoflower.org and all charges related thereto.
5. USER CONDUCT
A. User shall use www.torontoflower.org for lawful purposes only. User shall not
post or transmit through
www.torontoflower.org any material which violates or infringes in any way upon
the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without Onemore Property Inc. ’s express prior approval, contains advertising or
any solicitation with respect to products or services. Any conduct by a User
that in Onemore Property Inc. ’s discretion restricts or inhibits any other User
from using or enjoying
www.torontoflower.org will not be permitted. User shall not use
www.torontoflower.org to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become subscribers
of other on-line information services competitive with Onemore Property Inc. .
B. www.torontoflower.org contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of
www.torontoflower.org are copyrighted as a collective work under the Canadian
copyright laws. Onemore Property Inc. owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. User may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. User may download copyrighted material for User’s
personal use only. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of Onemore Property Inc. and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. User acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on
www.torontoflower.org any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any
material is not protected by copyright rests with User. User shall be solely
liable for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of
www.torontoflower.org, User automatically grants, or warrants that the owner of
such material has expressly granted Onemore Property Inc. the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright
that may exist in such material. User also permits any other User to access,
view, store or reproduce the material for that User’s personal use. User hereby
grants Onemore Property Inc. the right to edit, copy, publish and distribute any
material made available on
www.torontoflower.org by User.
D. The foregoing provisions of Section 5 are for the benefit of Onemore Property
Inc., its subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such provisions
directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable User to communicate with others (each a “Communication Service” and
collectively “Communication Services”). User agrees to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way of
example, and not as a limitation, User agrees that when using the Communication
Services, User will not:
* Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
* Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless User own or control the rights thereto or
have received all necessary consent to do the same.
* Use any material or information, including images or photographs, which are
made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
* Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another’s computer or property of another.
* Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
* Download any file posted by another user of a Communication Service that User
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
* Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication
Services.
* Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
* Harvest or otherwise collect information about others, including email
addresses.
* Violate any applicable laws or regulations.
* Create a false identity for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or usage
information or any portion thereof.
Onemore Property Inc. has no obligation to monitor the Communication Services.
However, Onemore Property Inc. reserves the right to review materials posted to
the Communication Services and to remove any materials in its sole discretion.
Onemore Property Inc. reserves the right to terminate User’s access to any or
all of the Communication Services at any time, without notice, for any reason
whatsoever. Onemore Property Inc. reserves the right at all times to disclose
any information as it deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in Onemore Property Inc.’s
sole discretion.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User is responsible for
adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in
any Communication Services. Onemore Property Inc. does not control or endorse
the content, messages or information found in any Communication Services and,
therefore, Onemore Property Inc. specifically disclaims any liability with
regard to the Communication Services and any actions resulting from User’s
participation in any Communication Services. Managers and hosts are not
authorized Onemore Property Inc. spokespersons, and their views do not
necessarily reflect those of Onemore Property Inc..
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the
registration process by providing Onemore Property Inc. with current, complete
and accurate information as prompted by the applicable registration form. User
also will choose a password and a user name. User is entirely responsible for
maintaining the confidentiality of User’s password and account. Furthermore,
User is entirely responsible for any and all activities that occur under User’s
account. User agrees to notify Onemore Property Inc. immediately of any
unauthorized use of User’s account or any other breach of security. Onemore
Property Inc. will not be liable for any loss that User may incur as a result of
someone else using User’s password or account, either with or without User’s
knowledge. However, User could be held liable for losses incurred by Onemore
Property Inc. or another party due to someone else using User’s account or
password. User may not use anyone else’s account at any time, without the
permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services (”Software”)
is the copyrighted work of Onemore Property Inc. and/or its suppliers. Use of
the Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software (”License Agreement”). An end
user will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF
AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, ONEMORE PROPERTY INC. HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, ONEMORE PROPERTY INC. MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. ONEMORE PROPERTY INC. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS
AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission. Use for
any other purpose is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
ONEMORE PROPERTY INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ONEMORE
PROPERTY INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ONEMORE
PROPERTY INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. ONEMORE PROPERTY INC. AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL ONEMORE PROPERTY INC. AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Onemore Property Inc. OR POSTED AT ANY OF ITS WEBSITES
Onemore Property Inc. does not claim ownership of the materials User provide to
Onemore Property Inc. (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services for review by the
general public, or by the members of any public or private community, (each a
“Submission” and collectively “Submissions”). However, by posting, uploading,
inputting, providing or submitting (”Posting”) User’s Submission User is
granting Onemore Property Inc., its affiliated companies and necessary
sublicensees permission to use User’s Submission in connection with the
operation of their Internet businesses (including, without limitation, all
Onemore Property Inc. Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Submission; to publish User’s
name in connection with User’s Submission; and the right to sublicense such
rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as
provided herein. Onemore Property Inc. is under no obligation to post or use any
Submission User may provide and Onemore Property Inc. may remove any Submission
at any time in its sole discretion. By Posting a Submission User warrants and
represents to own or otherwise control all of the rights to User’s Submission as
described in these Terms of Use including, without limitation, all the rights
necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part (”Images”), User warrant and represent that (a)
User is the copyright owner of such Images, or that the copyright owner of such
Images has granted User permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of User’s
use and as otherwise permitted by these Terms of Use and the Services, (b) User
have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, User is
granting (a) to all members of User’s private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use User’s Images in connection with the use,
as permitted by these Terms of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User’s Images without having
User’s name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time User completely remove such Images from
the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time User completely remove
such Images. No compensation will be paid with respect to the use of User’s
Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF www.torontoflower.org IS AT USER’S SOLE
RISK. NEITHER ONEMORE PROPERTY INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
www.torontoflower.org WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
www.torontoflower.org, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
www.torontoflower.org.
B. www.torontoflower.org IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ONEMORE PROPERTY INC.
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
USER.
D. IN NO EVENT WILL ONEMORE PROPERTY INC., OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING
www.torontoflower.org OR THE ONEMORE PROPERTY INC. SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
www.torontoflower.org. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ONEMORE PROPERTY INC., NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN
www.torontoflower.org, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH
YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. ONEMORE PROPERTY INC., ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, Onemore Property Inc., NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT
AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES,
NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS
OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH
EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM
ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS
LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE Onemore Property Inc.’S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF ONEMORE PROPERTY INC. AND ONEMORE
PROPERTY INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ONEMORE
PROPERTY INC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. ONEMORE PROPERTY INC. IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY ONEMORE PROPERTY INC. OF THE SITE.
Onemore Property Inc. is a distributor (and not a publisher) of content supplied
by third parties and Users. Accordingly, Onemore Property Inc. has no more
editorial control over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, Users or any other user of
www.torontoflower.org, are those of the respective author(s) or distributor(s)
and not of Onemore Property Inc.. Neither Onemore Property Inc. nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any particular
purpose.
In many instances, the content available through www.torontoflower.org
represents the opinions and judgments of the respective information provider,
User, or other user not under contract with Onemore Property Inc.. Onemore
Property Inc. neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on
www.torontoflower.org by anyone other than authorized Onemore Property Inc.
employee spokespersons while acting in their official capacities. Under no
circumstances will Onemore Property Inc. be liable for any loss or damage caused
by a User’s reliance on information obtained through
www.torontoflower.org. It is the responsibility of User to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice or
other content available through Onemore Property Inc.. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
ONEMORE PROPERTY INC. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN ONEMORE PROPERTY INC.’S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ONEMORE PROPERTY INC.. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ONEMORE PROPERTY INC. OR ANYONE AT
ONEMORE PROPERTY INC.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS
AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ONEMORE PROPERTY INC.
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
Onemore Property Inc. shall have the right, but not the obligation, to monitor
the content of
www.torontoflower.org, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by Onemore Property Inc.
and to satisfy any law, regulation or authorized government request. Onemore
Property Inc. shall have the right in its sole discretion to edit, refuse to
post or remove any material submitted to or posted on
www.torontoflower.org. Without limiting the foregoing, Onemore Property Inc.
shall have the right to remove any material that Onemore Property Inc., in its
sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Onemore Property Inc., its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys’ fees, arising out of
the use of Onemore Property Inc. by User or User’s Account.
17. TERMINATION
Either Onemore Property Inc. or User may terminate this Agreement at any time.
Without limiting the foregoing, Onemore Property Inc. shall have the right to
immediately terminate User’s Account in the event of any conduct by User which
Onemore Property Inc., in its sole discretion, considers to be unacceptable, or
in the event of any breach by User of this Agreement.
18. MISCELLANEOUS
This Agreement and any operating rules for www.torontoflower.org established by
Onemore Property Inc. constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the Ontario, Canada,
without regard to its conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
Materials available on the this Web site are protected by the copyright laws of
Canada and other countries. When you access the torontoflower.org Web site, you
agree to the following terms:
You may retrieve the contents of the torontoflower.org Web site for
informational purposes only.
You may save a local copy of individual items or print them for your own
personal use. However, you may not charge for such use.
You must include the copyright notice in any copy that you make. You may not
change the materials found in this Web site without written permission from
torontoflower.org.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events depicted
herein are fictitious. No association with any real company, organization,
product, domain name, email address, logo, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
