Terms & Conditions of Use
The words ·we", "us", and "our" refer to Palace Place and its successors and assigns. Buz Software is the developer of this website which is under the full and complete control of Palace Place. Buz Software provides techincal support and design services and accepts no responsibility for the content of this site or for the ongoing maintenance or management of the site beyond the terms of its agreement with Palace Place.
Permission to Use this Website
These Terms & Conditions of Use are intended to promote the integrity, reliability, and security of this Website (http://www.palaceplace.org) and all related services. This policy, any agreement pursuant to which you use our server-based services, and the Content And Advertising Policy of our Website together govern your access to and use of our services. If you do not accept this policy, you may not access or use any of our services. We retain the right to modify this policy at any time by posting the modified policy on this Website.
Copyright and Trademark Notices
This Website may derive from or contain text, data, software, photographs, graphics, and other information and material that is protected by federal, provincial, state, and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights.
Unless indicated otherwise, all of this Website's graphic design, and Website design, are the property of Palace Place or its licensors or affiliates, and Palace Place and its licensors and affiliates reserve all rights with respect to this Website's graphic design, and Website design, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.
Unless indicated otherwise, all of this Website's contents are the property of Palace Place and/or its licensors or affiliates, and Palace Place and its licensors and affiliates reserve all rights with respect to this Website's content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.
Palace Place and the Place Place script Logo, are trademarks of Place Place. Use of Palce Place's trademarks is subject to your obtaining written permission from Place Place to do so. Other trademarks, product names, company names and logos appearing on this Web site are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
Links to Third Party Websites
This Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Palace Place or Buz Software. Palace Place is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Palace Place and Palace Place are not responsible for webcasting or any other form of transmission received from any Linked Site. Palace Place and Palace Place are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Palace Place of the site or any association with its operators.
No Unlawful or Prohibited Use
This Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
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, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any 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 e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Palace Place reserves the right to review materials posted to Communication Service and to remove any materials in its sole discretion. Palace Place reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Palace Place reserves the right at all times to disclose any information as 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 Palace Place’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Palace Place does not control or endorse the content, messages or information found in any Communication Service and, therefore, Palace Place specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts may not be authorized Palace Place spokespersons, and their views may not necessarily reflect those of Palace Place.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Communication and Submissions via this Web Site
Palace Place does not claim ownership of the materials you provide to Palace Place (including feedback and suggestions) or post, upload, input or submit to any Palace Place Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Palace Place, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Palace Place is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Palace Place’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PALACE PLACE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. PALACE PLACE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Palace Place AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
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Right to Terminate
Palace Place reserves the right, in its sole discretion, to terminate your access to this Website and the related services or any portion thereof at any time, without notice.
Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Palace Place as a result of this agreement or use of this Website. Palace Place’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Palace Place’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Palace Place with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Palace Place with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Palace Place with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
General Conditions of Use
You agree to use the Services only for lawful purposes and not for unauthorized copying, duplication, distribution, display or modification of any material or information protected by copyright or trademark or otherwise lawfully restricted (including, without limitation, text, pictures, presentation, look and feel, video, audio, software, programs, games and computer code). You shall not use the Services for any purpose that is contrary to applicable laws or which is a nuisance or is otherwise inappropriate (as determined by Palace Place in its sole discretion). Without any limitation to the generality of the foregoing, You agrees not to transmit any material that is unwanted, threatening, abusive, obscene, discriminatory (including, without limitation, “hate” literature directed at any identifiable individual or group) or that otherwise contravenes any applicable law. You agrees not to undertake mass-mail broadcasts of electronic mail (e-mail) or Usenet postings with the intent of sending unsolicited advertising to other users of the Internet. You will not use IRC “bots” unless specifically pre-authorized by Palace Place in writing. You will be responsible for the actions and activities of any party who uses the Services using Your identification and password whether or not you consent or have knowledge of any such use.
Palace Place will not be responsible for temporary interruption of Services (whether due to utility service breakdown, excessive customers, mechanical breakdown or other reasons) and You will not be entitled to any refund for any such temporary interruptions so long as Palace Place is actively seeking to correct the problem. If there is a material increase in the cost of providing the Services (such as, by way of example, an increase in its operational costs or any form of taxation on Internet use) Palace Place will give you 30 days written notice of any increase to the rates of your services. As a result of this notice, you can, within 15 days of receipt of that notice, cancel your agreement with Palace Place without any penalty. You will be responsible for paying any charges you incur up to the date of cancellation.
Palace Place will provide the Services using currently available technology and will use commercially reasonable efforts to avoid using any hardware, software or methods commonly known to compromise User security. Beyond that, Palace Place makes no warranties of any kind, whether expressed or implied, in relation to the accessibility, accuracy, reliability, safety or quality of the Services. Palace Place does not guarantee the privacy of files or E-mail or the security of any computer used to access and/or provide the Services. Palace Place is not liable for any damage suffered by you or any other party caused by any loss of data, delay, non-delivery or service interruptions in using the Services, whether or not caused by the negligence, errors or omissions of Palace Place or those for whom it is responsible at law. Palace Place exercises no control and has no responsibility whatsoever over the information received, stored, communicated or processed through use of the Services by You other than as expressly provided within this Order. Use of any information obtained through the Services is at Your sole risk and You assume full responsibility for the accuracy, reliability, quality, authenticity or effect of information obtained through the Services. You specifically waive any right to claim any consequential or indirect damages You may suffer as a result of any failure of the Services, including, without limitation, loss of data or damage to or impairment of hardware, and under no circumstances will Palace Place be liable to You or any other party for any amount greater than the amounts paid by You for Services, even in the event of the negligence of Palace Place or a fundamental breach of this Agreement. You agree to indemnify and hold harmless, Palace Place, its officers, directors, employees and agents from any and all claims resulting or arising from this Agreement, Your use of the Services or any breach of this Agreement by You.
Your access to Services may be restricted and the Account terminated at any time, without notice, if You are in default under this Agreement and upon such termination You shall not be entitled to any refund or receive any other payment or compensation from Palace Place (including, without limitation, refund of installation fees, prepaid fees or other credits for future Services). Despite any such termination, Palace Place may pursue any other available recourse against You, including, without limitation, barring You from sending E-mail or other communication to the Palace Place Service from another service.
Palace Place may, without notice, change the terms and conditions upon which the Services are provided (including, without limitation, changing the rules of access to the Services) so long as Palace Place continues to provide regular and reasonable access to the Services for the term of this Agreement, provided the parties mutually agree upon the service fees payable by You for such twelve month extension. Palace Place may terminate this Agreement at any time for any reason with 60 days notice to You and upon such termination by Palace Place, You will be entitled to a refund for any prepaid unused Services and You will have no other recourse against Palace Place whatsoever for such termination. Upon such termination, Palace Place will make commercially reasonable efforts to provide your content in a commonly recognized file format for your own use.
All communications and notices between Palace Place and You will be conducted through E-mail unless otherwise agreed to in writing by an authorized representative of Palace Place. All such communications and notices will be deemed received by You three days after being sent by E-mail by Palace Place. All notices from You for modifications, changes, upgrades or termination of Services will be effective only if presented to, and received by, Palace Place in writing or via E-mail. Such notices sent to Palace Place by You must be confirmed by return E-mail to be effective.
EACH OF THE SERVICES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. Palace Place DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR IN A TIMELY MANNER. ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE AND MERCHANTABLE QUALITY AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. CUSTOMER HEREBY WAIVES ANY CLAIM AND/OR REMEDY IT MAY HAVE AGAINST ANY SERVICE PROVIDERS ENGAGED BY Palace Place WITH RESPECT TO THE DELIVERY OF THE SERVICES AND/OR THE MANAGEMENT OF THE ACCOUNT.
Neither party is liable for failure or delay in performance hereunder which is proximately caused by strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, terrorism, governmental action, labor conditions, or other cause beyond its reasonable control.
We may sell, assign, transfer, or grant an interest in, all or any portion of our right, title and interest in the Services or this Agreement to anyone else (a "transferee"), without notice to you or your consent. You will not assert against any transferee of all or any of our rights and benefits under this Agreement, any claims, defences, set-offs, deductions or counterclaims which you may now or in the future be entitled to assert against us nor rely on any breach by us of any of the terms of this Agreement as a basis to terminate this Agreement or any of your obligations under this Agreement.
This Agreement shall be governed by and interpreted according to the laws in force in the Province of Ontario and the laws of Canada applicable therein. Any action against Palace Place must be commenced in the Province of Ontario.
Palace Place may, in its sole discretion, by written notice to You, suspend or cancel the Services if You: (i) fail to perform or comply with any of the provisions of the Order or the Conditions of Service and Use; (ii) commence any proceeding seeking relief or protection under any bankruptcy or insolvency laws; (iii) seek to liquidate, dissolve or wind up your organization; or (iv) make an assignment for the benefit of creditors with respect to all or substantially all of your assets.
Updated October 19, 2010.