Their America Terms and Conditions (“Agreement”)
This Agreement was last modified on September 22, 2013.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using www.theiramerica.org (“the Site”) operated by Their America (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.theiramerica.org.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by Their America and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.
Any material that a visitor to the Site sends or posts to the Site shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us.
Posting to the site
When using the Site you shall not post to the Site any material:
- for which you have not obtained all necessary consents;
- that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, or give rise to a civil liability;
- which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to the Site in breach of our Terms and Conditions.
Exclusion of Liability
We do not accept liability for any loss or damage that you suffer as a result of using the Site.
The Site will police its forums and attempt to remove, in a timely manner, any content posted there that is in violation of our Terms and Conditions. However, the Site will not be liable for any content posted by its users.
You are solely responsible for the content you post to the Site and the consequences of posting that content. In connection with each of your submissions, you affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and
- you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and this Agreement.
Moreover, you agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
- publish falsehoods or misrepresentations that could damage us or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
- post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Their America we may authorize such content to be distributed or syndicated to or published in other venues.
We are not responsible for and do not necessarily hold the opinions expressed by those who post content to the Site, or by the third-party sites to which we link. The opinions and other statements expressed by users and third parties are theirs alone, not the opinions of Their America. Content created by third parties is the sole responsibility of the third parties; its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Site, Their America is not undertaking any obligation or liability relating to the content. Their America and its officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Their America reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
You will be responsible for any harm we suffer as a result of your violation of this Agreement. You agree to indemnify and hold harmless Their America and its affiliates, and their respective members, directors, officers, and agents, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of this Agreement, or any breach by you of your responsibilities as described in this Agreement.
Links to and from Other Sites
Throughout the Site you may find links to third-party sites. The provision of a link to such a site does not mean that we endorse that site. If you visit any site via a link on this site you do so at your own risk.
Any party wishing to link to the Site is entitled to do so provided that the conditions below are observed:
- you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
- you do not misrepresent your relationship with the Site;
- the site from which you link to ours does not contain offensive or otherwise controversial content or content that infringes any intellectual property rights or other rights of a third party.
By linking to the Site in breach of the above you shall indemnify us for any loss or damage suffered to the Site as a result of such linking.
Accuracy of Information
We do not guarantee that all material on the Site is accurate and/or up to date. All material contained on the Site is provided without any warranty of any kind.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
All reasonable measures are taken by us to ensure that this site is operational all day, every day. However, technical issues may result in service interruptions, and we will not be liable if this site is unavailable at any time.
If you have any questions about this Agreement, please contact us.