Updated: May 10, 2022
PLEASE READ THIS DOCUMENT CAREFULLY.
1. ACCEPTANCE OF TERMS AND MODIFICATIONS TO AGREEMENT
You expressly and unequivocally agree to these Terms of Service by doing any or all of the following:
a. Accessing the Site or using the Service;
b. Creating, registering or accessing an account;
c. Posting or downloading any content to or from the Site;
d. Purchasing a subscription to access exclusive areas of the Site;
e. Demonstrating your consent in any other manner.
IF YOU DO NOT UNEQUIVOCALLY AGREE to these Terms of Service, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICE FOR ANY REASON WHATSOEVER.
These Terms of Service may change from time to time. We will notify you of any such changes by posting an updated version of the Terms of Service on the Site. You are responsible for checking for any such changes. Your continued access of the Site or use of the Service after any such changes means that you agree to be bound by such changes.
BY ACCESSING THE SITE OR USING THE SERVICE, YOU HEREBY REPRESENT AND WARRANT THAT:
A. YOU HAVE ATTAINED THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE (“AGE OF MAJORITY”);
B. YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; AND
C. YOU HAVE NEVER BEEN CHARGED WITH OR CONVICTED OF A SEXUAL OFFENCE, AND ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENTAL ENTITY OR AGENCY IN ANY COUNTRY.
2. LIMITED LICENCE
Unless otherwise expressly provided herein, we hereby grant you a limited, nonexclusive, nontransferable licence to access the Site and use the Service solely for your own personal, non-commercial purposes. This licence is subject to your agreement to, compliance with and satisfaction of these Terms of Service.
You acknowledge and agree that all content and materials available on the Site (including User Content as defined below, which together with all other content and materials available on the Site are sometimes collectively referred to as “Content”) are protected by either our rights, or the rights of our licensors or other third parties. Such rights include rights of publicity, copyright, trade-marks, patents, trade secrets or other proprietary rights. You may not use any of the trade-marks or domains (or other intellectual property belonging or licensed to us) that you may find on the Site, unless you have our written permission. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site. Notwithstanding the above, you may use the Content and materials on the Site in the course of your normal, personal, non-commercial use of the Site in accordance with the Agreement. If you download or print a copy of any Content for your personal use, you must retain all copyright and other proprietary notices contained on such Content.
4. USER CONTENT AND USER CONDUCT
YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT THAT YOU POST VIA THE SITE (“User Content”).
By posting User Content via the Site, you hereby grant to us a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content. You also hereby waive any moral rights pertaining to your right to be associated with any User Content.
BY POSTING ANY CONTENT VIA THE SITE, YOU REPRESENT AND WARRANT THAT:
a. you are the owner or authorized licensee of such User Content or otherwise have the right to grant us the licenses granted pursuant to this Agreement;
b. you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses;
c. the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights;
d. the use of any User Content will not result in physical harm or personal injury to any third party; and
e. all information posted by you as User Content or otherwise on the Site is true, accurate and complete.
By accessing the Site and/or using the Service, you agree to act responsibly and in a manner consistent with the exercise of good judgment. For example, and without limitation,YOU AGREE NOT TO POST OR SUBMIT ANY USER CONTENT OR OTHERWISE ACCESS THE SITE OR USE THE SERVICES FOR ANY ACTIVITY THAT:
violates any applicable laws, constitutes any illegal act, contains any illegal material or provides instructional information about any illegal activity;
uses the information available on or through the Site or the Service for any unauthorized or unlawful purpose;
makes available any content that you are not legally permitted to make available to the Site or through the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality);
is libelous, defamatory or slanderous;
contains pornographic, sexually explicit or vulgar content;
may discriminate against any person or group of people on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability, including by promoting hatred or physical harm of any kind against any such person or group of people;
harasses, stalks, or advocates harassment and/or stalking of another person, including, but not limited to, another user of the Site or the Service;
exploits images or the likeness of individuals under the Age of Majority including in a sexual or violent manner, or solicits personal information from anyone under the Age of Majority, or harms minors under the Age of Majority in any way;
encourages or characterizes violence and/or drug use and/or any other illegal acts as acceptable, desirable or glamorous;
makes use of offensive language or images or is otherwise patently offensive to the Did They Cheat™ online community;
uses the Site for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products;
provides hyperlinks, URL links, graphic links or other direct connection to the Site or the Service for profit or gain without our written consent;
involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or spam;
interferes with or damages the Site or the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Site or the Content;
modifies, adapts, sublicenses, translates, sells, reverse engineers, deciphers, decompiles or otherwise disassembles any portion of the Site or any software used on or for the Site or the Service;
disrupts the flow of dialogue, causes a screen to “scroll” faster than other users or members of the Site are able to read to type, or otherwise negatively affects the ability of other users to engage in communications or other interactions on the Site;
contains any material that infringes or violates or promotes infringement or violation of our rights or another party’s rights (including, without limitation, intellectual property rights, contractual rights and rights of privacy and publicity);
removes any copyright, trade-mark, or other proprietary right notices contained on the Site;
contains, uses, solicits, collects or stores passwords or other personal information from other users other than in the course of the permitted use of the Site and the Service;
provides or promotes inaccurate, misleading or false information, including, but not limited to, the impersonation of any person or entity; or
assists any third party in doing any of the foregoing.
By accessing the Site and/or using the Service, you acknowledge and agree that you may be exposed to Content posted by other users that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You understand that we do not pre-screen, approve or monitor such Content, and that we do not pre-screen or approve users of the Service, but that we have the right (though not the obligation) to refuse to post or delete any such Content or to refuse access to the Service to any user at our sole discretion. You should apply your own judgment in making any use of any Content and in your interactions with other users or persons, including, without limitation, the use of any of the Content as the basis for any conclusions.
The Site may contain links to other sites. We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
To use certain features of the Site or the Service, you may be required to register an account with us. By agreeing to register an account, you agree to:
a. provide true, accurate, current and complete information about yourself as prompted by any registration form; and
b. maintain and promptly update the information you provide to keep it true, accurate, current and complete.
If we suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend, block or terminate your access to the Site and/or your use of the Service, but we shall have no obligation to do so with respect to any information provided by you or any other person.
If you agree to register an account with us, you will select and/or receive a username and password upon successfully completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You must notify us immediately of any unauthorized use of your password or account or any other breach of security, and to maintain confidentiality, you must ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to protect your password or account information.
We reserve the right to refuse to grant a particular username to you for any reason, including, without limitation, in the event we determine that such username impersonates someone else, is protected by trade-mark or other proprietary rights, or is vulgar or otherwise offensive.
You are solely responsible for any and all acts and omissions that occur under your account, your username and/or your password.
7. LIMITATIONS ON SERVICE
We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of the Agreement.
We use reasonable efforts to maintain the Site, but we are not responsible for any defects or failures associated with the Site or the Service, or any part thereof, or any damages (including, without limitation, lost profits or other consequential damages) that may result from any such defects or failures. The Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, (c) issues due to software, such as incompatibilities or corruption, or (d) causes beyond our control or which are not foreseeable by us.
We do not control any User Content, nor do we have any obligation to monitor such User Content for any purpose. We reserve the right, but have no obligation, to monitor, modify, alter or otherwise remove User Content after it is posted on the Site, including as required or permitted by law, or otherwise in our sole discretion. Despite the fact that we have no monitoring obligations, we reserve the right to remove any and all material that we feel is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate the Agreement. You acknowledge that we may establish limits concerning use of the Site or the Service, including, without limitation, the maximum number of days that Content (including User Content) will be retained, the maximum number and size of postings, e-mail messages, or other Content (including User Content) that may be transmitted or stored by the Site, and the frequency with which you may access the Site or the Service. You agree that we are not a backup service for storing User Content, You are solely responsible for creating backups of any User Content you post using the Site or the Service.
You acknowledge that we reserve the right at any time to modify or discontinue the Site or the Service (or any part thereof) with or without notice, and in so doing, we will not be required to reimburse you for any monies paid as part of a subscription or otherwise.
8. DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SITE OR THE CONTENT (INCLUDING USER CONTENT), INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, CURRENCY, ACCURACY OR COMPLETENESS, OR THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR THE CONTENT (INCLUDING USER CONTENT). FURTHER, WE HEREBY DISCLAIM ANY APPROVAL, ENDORSEMENT, SANCTION, ENCOURAGEMENT, VERIFICATION OR AGREEMENT WITH ANY MESSAGE POSTED BY ANY USER OR OTHERWISE EMBODIED IN THE CONTENT. BY USING OR ATTEMPTING TO ACCESS THE SITE OR THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOREGOING DISCLAIMER.
9. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES, AGENTS, LICENSORS OR SUPPLIERS, OR OUR PROFESSIONAL ADVISORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS OR EMPLOYEES (COLLECTIVELY THE “DTC PARTIES”) BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, HOWSOEVER CAUSED, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE DTC PARTIES OR ANY OF THEIR AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE DTC PARTIES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE OR THE SERVICE; VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; PERSONAL INJURY; THE CONTENT (INCLUDING USER CONTENT); THE DELETION OR FAILURE TO STORE ANY CONTENT (INCLUDING USER CONTENT) MAINTAINED OR TRANSMITTED BY THE SITE OR THROUGH THE SERVICE; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SITE OR THE SERVICE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THE SITE; OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF THE DTC PARTIES OR ANY OF THEIR AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
You agree at all times to indemnify, defend and hold harmless the DTC Parties, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by any of the DTC Parties directly or indirectly in respect of:
a. any violation of the Agreement by you;
b. any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the Site through its use of your account;
c. all uses of User Content you submit to us..
You further agree to indemnify the DTC Parties for all costs and legal expenses arising from, related to or in connection with any misrepresentations made by you as to the ownership and/or licensing of your User Content.
The Agreement is effective until terminated by us, with or without cause, in our sole discretion. We may unilaterally terminate the Agreement at any time, and may suspend, disable, or delete your password, account (or any part thereof) or use of the Service, and remoeveremove or discard any Content, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Agreement.
Even after the Agreement is terminated, paragraphs 7, 8, 9, 10, 12 and 13 continue to survive and be of full force and effect.
12. ENTIRE AGREEMENT
The Agreement as it may be amended from time to time, and any and all other legal notices and policies on the web Site, constitute the entire agreement between you and us with respect to your use of the Site and the Content.
13. GOVERNING LAW
We control the Site from our office that is currently located in the Province of Ontario, Canada. The Site can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario, by accessing the Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against us related to this Site, the Content, or the Agreement and, where, applicable, you also agree to opt out of any class proceedings against any of the DTC Parties.
We have required that the Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Any provision of the Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of the Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
The Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept the Agreement and having had an opportunity to print a hard copy of the Agreement.
Did They Cheat Enterprises IncWebsiteTerms of Service – August 10, 2014