The following are the rules that govern
use of Tima Search Business Directory
and other services that we may offer at
TimaSearch.com. By using the Site, you
agree to be bound by these Terms and
Conditions of Use (the "TCU"), including
but not limited to the Privacy Policy
and other usage guidelines and rules
that may be posted from time to time,
all of which are incorporated herein by
reference, and to follow the TCU and all
applicable laws and regulations
governing the Site. If you do not agree,
please do not enter or use the Site.
TimaSearch.com may update the TCU from
time to time. You are responsible for
checking this page periodically for
changes and updates to the TCU. Your use
of the Site following any posted
change(s) to the TCU will be deemed an
acceptance of such change(s).
In addition, when using the Site, you
shall be subject to any posted
guidelines or rules, which may be posted
from time to time. All such guidelines
or rules are hereby incorporated by
reference into the TCU.
Please direct any questions you may have
about the TCU, or any other legal
matters, to the following e-mail
address:
1. TimaSearch.com Proprietary Rights and
Permitted Use
The Site, including without limitation
any content, software and services
offered thereon, are the property of
TimaSearch.com and/or its suppliers. It
is protected by the copyright and/or
other intellectual property laws of
Canada and internationally. You are
hereby authorized solely to view and to
retain a copy of pages of this Site for
your own personal use. Do not duplicate,
publish, modify, or otherwise distribute
the material on this Site unless
specifically authorized in writing by
TimaSearch.com to do so. Legal notices
and various other acknowledgements and
credits are posted on pages of the Site.
Do not remove these legal notices or
other acknowledgements or credits, or
any related information, contained on
pages of the Site.
You hereby acknowledge and agree that,
as between TimaSearch.com and you, all
right, title, and interest in and to the
Site and the provision thereof,
including without limitation any patent
rights, patents, business methods,
copyrights, trademarks, trade secrets,
inventions, know-how, and all other
intellectual property rights pertaining
thereto, shall be owned exclusively by
TimaSearch.com. Except as expressly
authorized by TimaSearch.com herein, you
agree not to make, copy, display,
modify, rent, lease, license, loan,
sell, distribute, or create derivative
works of the Site, in whole or in part.
You agree not to access the Site by any
means other than through the interface
that is provided by TimaSearch.com for
use in accessing the Site. In connection
with your use of the Site,
TimaSearch.com may make software
available to you for download from the
Site; your download and use of such
software shall be pursuant to a separate
license agreement that shall be agreed
to upon your download or installation of
such software.
2. User Contributions to the Site
TimaSearch.com provides users with the
opportunity to contribute to the Site.
You understand that all information,
data, text, links, articles, software,
photographs, graphics, video, music,
sound, messages, or other materials
posted by you on the Site (collectively,
the "User Content"), whether publicly
posted or privately transmitted, are the
sole responsibility of you or other
users posting or transmitting such User
Content. This means that you, and not
TimaSearch.com, are entirely responsible
for all User Content that you upload,
post, email, or otherwise transmit via
the Site. It is your obligation to
ensure that no copyright, trademark,
trade secret, publicity or privacy
rights, or other intellectual property
rights are being violated by your
posting or transmission of any User
Content via the Site.
TimaSearch.com does not control or
pre-screen the User Content posted via
the Site or sent to another user and, as
such, does not guarantee the accuracy,
integrity, appropriateness, or quality
of such User Content. The User Content
posted by users or other third parties
does not necessarily represent the views
or opinions of TimaSearch.com and under
no circumstances will TimaSearch.com be
liable in any way for any User Content,
including, but not limited to, any loss
or damage of any kind incurred as a
result of the use of any User Content
posted, emailed, or otherwise
transmitted via the Site.
Users can be held liable for any illegal
or prohibited User Content they provide
to the Site or to other users,
including, for example, infringing,
defamatory, or offensive materials. So
that the Site is available for all users
to enjoy, you may not, and hereby
represent and warrant that you will not,
post, transmit, email or otherwise make
accessible on or through the Site User
Content that:
Is unlawful, harmful, threatening,
tortious, defamatory, libelous, abusive,
disparaging, pedophilic, pornographic,
obscene, invasive of another's privacy,
hateful, or malicious;
Contains hate propaganda or promotes
discrimination or violence against any
people on account of their race,
national origin, religion, age, gender,
disability, or sexual orientation;
Is or could be harmful to minors;
Harasses or advocates harassment of
another person;
Involves the transmission of "junk
mail," "chain letters," or unsolicited
mass mailing (or "spamming");
Promotes information that you know is
false, misleading, or promotes illegal
activities or conduct;
Is or promotes an illegal or
unauthorized copy of another person's
work, such as providing pirated computer
programs or links to them, or providing
information to circumvent
manufacture-installed copy-protect
devices;
Infringes any patent, copyright,
trademark, service mark, trade secret,
or other proprietary right of any other
party;
Contains restricted password only access
pages, or hidden pages or images (those
not linked to or from another accessible
page);
Provides material that exploits people
under the age of 18 in a sexual or
violent manner, or solicits personal
information from anyone under 18;
Provides instructional information about
illegal activities such as making or
buying illegal weapons, or providing or
creating computer viruses;
Contains a software virus or any other
code files or programs that are designed
to or have the ability to interrupt,
destroy, compromise, or otherwise limit
the functionality of any computer
software or hardware or
telecommunications equipment whether
owned by TimaSearch.com or any other
party;
Solicits passwords, or personal
identifying information for commercial
or unlawful purposes from other users;
or
Otherwise violates any local,
provincial, international or other
applicable law or regulation.
In addition, you may not, in connection
with your use of the Site:
Impersonate any person or entity,
including a TimaSearch.com officer or
employee, or falsely misrepresent your
affiliation with any other person or
entity;
Forge headers or otherwise manipulate
identifiers for the purpose of
disguising the origin of any User
Content posted or transmitted through or
on the Site;
Engage in commercial activities and/or
sales without TimaSearch.com's prior
written consent including, without
limitation, contests, sweepstakes,
barter, or advertising;
Post or transmit any Content that you do
not have the right to post or transmit;
Post or submit unsolicited commercial
e-mail, chain letters, pyramid schemes,
or seek or encourage others to engage in
these activities;
Disrupt the ordinary flow and operation
of any portion of the Site, including
causing a screen to scroll faster than
another User may be able to type in a
chat room or bulletin board environment;
Interfere with or disrupt the Site or
any server or network involved with the
operation of the Site;
Stalk or harass any other person; or
Collect or "harvest" from the Site the
names of other users for the purpose of
transmitting to those other users’
unsolicited commercial messages.
If you discover this kind of material or
activity on the Site, please notify us
at
.
3. License To User Content
With respect to User Content you elect
to post or transmit for inclusion in or
on the Site, you grant TimaSearch.com
and its affiliates and partners the
perpetual, world-wide, royalty free,
non-exclusive, sub-licensable license as
follows: to use, reproduce, translate,
alter, perform, display, modify, adapt,
and publish such User Content, in whole
or in part, in all present and future
media and in any manner relating to the
Site (including without limitation in
connection with the appearance of such
User Content on TimaSearch.com and on
the sites of our affiliates, partners
and others with whom TimaSearch.com may
have business relationships relating to
the Site) and the distribution and
promotion of the Site. You further agree
that TimaSearch.com is free to use any
ideas, know-how, concepts, techniques or
other materials you send us for any
purpose.
Without limitation of any of the rights
granted to TimaSearch.com herein, you
acknowledge and agree that
TimaSearch.com may preserve User Content
and may also disclose User Content if
required to do so by law or in the good
faith belief that such preservation or
disclosure is reasonably necessary to:
(a) comply with legal process; (b)
enforce the TCU; (c) respond to claims
that any User Content violates the
rights of third-parties; or (d) protect
the rights, property, or personal safety
of TimaSearch.com, its users and the
public.
4. Indemnity
You agree to indemnify and hold
TimaSearch.com, its subsidiaries,
affiliates, officers, agents,
co-branders, and other partners and
employees, harmless from any loss,
liability, claim or demand, including
reasonable attorney's fees, made by any
third party due to or arising out of
User Content you submit, post to, or
transmit through the Site, your use of
the Site, including your use of the Site
to provide a link to another Site or to
upload content or other information to
the Site, or your violation of the TCU
or any applicable laws or the rights of
another.
5. Links and Search Results
The Site may provide links and
automatically produce search results, or
third parties may provide information,
that reference or link to other World
Wide Web sites or resources.
TimaSearch.com has no control over such
sites and resources, and you acknowledge
and agree that TimaSearch.com is not
responsible for the content or
information contained therein.
TimaSearch.com cannot and does not
guarantee, represent, or warrant that
the content or information contained in
such third-party sites is accurate,
legal and/or inoffensive. TimaSearch.com
does not endorse the content or
information of any third-party site or
resource, and further does not warrant
that such sites or resources will not
contain viruses or otherwise impact your
computer. By using the Site to search
for or link to another site, you agree
and understand that TimaSearch.com shall
not be responsible or liable, directly
or indirectly, for any damages or loss
caused or alleged to be caused by or in
connection with your use of, or reliance
on, the Site to obtain search results
and/or to link to another site. However,
if you have a problem with a link from
the Site, please let us know at
.
6. No Resale of Site
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any
commercial purposes, any portion of the
Site, use of the Site, or access to the
Site, without the express, prior written
consent of TimaSearch.com in each
instance.
7. Modifications to Site
TimaSearch.com reserves the right at any
time and from time to time to modify or
discontinue, temporarily or permanently,
the Site (or any part thereof) with or
without notice. You agree that
TimaSearch.com shall not be liable to
you or to any third party for any
modification, suspension, or
discontinuance of the Site.
8. Suspension and/or Termination Rights
TimaSearch.com reserves the right, at
its sole discretion, immediately and
without notice, to suspend or terminate
the TCU, your registration for any
program, your ability to access the
Site, your ability to utilize any email
services offered on the Site, and/or to
remove any User Content, for any reason,
including without limitation any breach
by you of the TCU or conduct by you that
TimaSearch.com determines to be
inappropriate. You agree that
TimaSearch.com shall not be liable to
you or any third-party for any
suspension or termination pursuant to
this provision.
9. Your Registration Obligations
In consideration of your use of the
Site, you agree to: (a) provide true,
accurate, current and complete
information about yourself as prompted
by the Site's registration form (such
information being the "Registration
Data") and (b) maintain and promptly
update the Registration Data to keep it
true, accurate, current and complete. If
you provide any information that is
untrue, inaccurate, not current or
incomplete, or TimaSearch.com has
reasonable grounds to suspect that such
information is untrue, inaccurate, not
current or incomplete, TimaSearch.com
has the right to suspend, terminate, or
refuse any and all current or future use
of the Site (or any portion thereof).
10. Advertisers
TimaSearch.com does not warrant, endorse
or guarantee any product or services
advertised on our Site, and we will not
be a party to any transaction between
you and any advertiser or user.
TimaSearch.com does not assume the
responsibility of enforcing licensing
requirements, or of checking for
license, with respect to licensed
professions or trades, prior to
publishing advertisements.
TimaSearch.com does not assume the
responsibility of monitoring the use of
trademarks, copyrights or other rights
of third parties.
11. Links to Third Party Sites
The links in our service will facilitate
visiting other relevant
services/websites. The linked sites are
not under the control of TimaSearch.com
and TimaSearch.com is not responsible
for the content of any linked site or
any link contained in a linked site, or
any changes or updates of these sites.
TimaSearch.com is not responsible for
web casting or any other form of
transmission received from any linked
site. TimaSearch.com is providing these
to you only as a convenience, and the
inclusion of any link odes not imply
endorsement by TimaSearch.com of the
site or any association with its
operators. There are risks in using any
information found on the Internet.
TimaSearch.com cautions users to
understand these risks before using or
relying upon anything in the Internet.
TimaSearch.com does not endorse, warrant
or guarantee the products or services
described or offered in these other
websites.
12. Privacy Statement
We believe that your privacy and the
privacy of all of our users is
important (Please
click here to read the complete
privacy Statement). In the event you are
requested to register on the Site, you
may be given an opportunity to "opt in"
to receive mailings from TimaSearch.com
and/or its partners by "checking" on a
box in the registration form. If you
submit a registration form with the box
checked, you thereby consent to being
placed on this mailing list. You may
subsequently contact us to request to be
removed from this list. (For purposes of
the TCU, "partners" includes, in
addition to third parties with whom
TimaSearch.com may have co-branding
arrangements or some other business
relationship or alliance, other Web
sites incubated or funded by
Tima Search
Technologies Inc. as such term is defined below.)
13. Back-Up
TimaSearch.com is not liable for any
lost data resulting from the operation
of our Site and/or the enforcement of
the TCU (including without limitation
content from any e-mail account hosted
by TimaSearch.com), and is not obligated
to maintain back-up copies of any
contributed User Content or e-mail
messages. We recommend that you retain a
copy of all User Content that you post
or distribute to, or through, the Site.
You understand and agree that
TimaSearch.com may release information
about you if required by law or
subpoena, or if the information is
necessary or appropriate to release to
address an unlawful or harmful activity.
14. Password and Security
You are responsible for maintaining the
confidentiality of your password and
account, and are fully responsible for
all activities that occur under your
password or account. You agree to (a)
immediately notify TimaSearch.com of any
unauthorized use of your password or
account or any other breach of security,
and (b) ensure that you exit from your
account at the end of each session.
TimaSearch.com cannot and will not be
liable for any loss or damage arising
from your failure to comply with this
Section. Without limitation to the
generality of the foregoing, due to the
nature of Internet, computers, data
flow, and other technical and economical
practicalities, the Site, like most
computer data and Internet applications,
is vulnerable to various security issues
and hence should be considered
unsecured. By using the Site and the
Internet in general, you may be subject
to various risks, including, among
others, eavesdropping, sniffing,
spoofing, forgery, spamming,
"imposturing", tampering, breaking
passwords, harassment, fraud, electronic
trespassing, hacking, system
contamination including without
limitation, viruses, worms, Trojan
horses, causing unauthorized, damaging
or harmful access and/or retrieval of
information and data on your computer
and other forms of activity that may
even be considered unlawful. Information
(including Registration Data, passwords
and User Content) received or delivered
or intended to be made available on and
through the Site may be subject to these
and other security or privacy hazards or
may not reach its destination or reach
an erroneous address or recipient. The
Site is not different than other
applications in this respect. Without
limitation of the foregoing, although we
take seriously the security of all
member accounts and other personal and
non-personal information associated with
our visitors and participants, due to
the open communication nature of the
Internet, we can not guarantee that your
account will be free from unauthorized
access by third parties.
15. Canada Export Controls
TimaSearch.com encourages users from
around the world to use the Site.
However, if you choose to use the Site,
you understand, acknowledge and agree
that your use of the Site is governed by
the TCU and the laws and regulations of
Canada regarding online conduct and
acceptable content. If you use the Site
in a jurisdiction that prohibits or
restricts the use of the Site, you agree
that your use of the Site will be at
your own risk, without limitation of any
other provision of the TCU, and that
TimaSearch.com shall not have any
liability with respect to such use.
Software from this Site is subject to
Canada export controls.
16. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Site is at your sole
risk. The Site, and its content, are
delivered on an "as is" and "as
available" basis. TimaSearch.com
expressly disclaims all warranties of
any kind, whether express or implied,
including, but not limited to, the
implied warranties of merchantability,
fitness for a particular purpose, or
non-infringement. TimaSearch.com makes
no warranty that the Site or any related
services, such as email, links, or
searches offered on the Site will be
error-free, uninterrupted, timely,
secure, or that it will provide specific
results from use of the Site or any
content, search or link therein.
TimaSearch.com further cannot ensure
that files you download from the Site
will be free of viruses, Trojan horses,
bugs, contamination, or destructive
features.
Any material viewed, downloaded, or
otherwise obtained through the use of
the Site is done solely at your own
discretion and risk, and TimaSearch.com
will not be liable for any damages of
any kind arising from the use of the
Site, including, without limitation,
direct, indirect, incidental, punitive,
or consequential damages.
No advice or information, whether oral
or written, obtained by you from
TimaSearch.com or through or from the
Site shall create any warranty not
expressly stated in the TCU. Data and
information relating to securities or
otherwise is provided for informational
purposes only, and is not intended for
trading purposes. Neither TimaSearch.com
nor any of its data or content providers
shall be liable for any errors or delays
in the content, or for any actions taken
in reliance thereon.
17. Limitation of Liability
You expressly understand and agree that
TimaSearch.com shall not be liable for
any indirect, incidental, special,
consequential or exemplary damages,
including but not limited to, damages
for loss of profits, goodwill, use, data
or other intangible losses (even if
TimaSearch.com has been advised of the
possibility of such damages), resulting
from: (i) the use or the inability to
use the Site; (ii) the cost of
procurement of substitute goods or
services resulting from any goods, data,
information or services purchased or
obtained or messages received or
transactions entered into through or
from the Site; (iii) unauthorized access
to or alteration of your transmissions
or data; (iv) statements or conduct of
any third party on the Site; or (v) any
other matter relating to the Site or the
content thereon, including without
limitation any user content posted
thereon.
18. Exclusions and Limitations
Some jurisdictions do not allow the
exclusion of certain warranties or the
limitation or exclusion of liability for
incidental or consequential damages.
Accordingly, some of the above
limitations may not apply to you.
19. Copyright
Complaints
It is TimaSearch.com's policy to comply
with all intellectual property laws and,
in appropriate circumstances, to
terminate the accounts of users who
infringe the intellectual property
rights of others.
If you believe that your work has been
infringed, please send a notice of
copyright infringement to TimaSearch.com
containing the following information:
(a) physical or electronic signature of
the copyright owner or the person
authorized to act on behalf of the
copyright owner; (b) identification of
the copyrighted work claimed to be
infringed; (c) description of where the
alleged infringements are located in our
website; (d) your name, address,
telephone number, and email address; (e)
A statement of good faith belief that
the material is infringing; (f) A
statement that the information in the
notification is accurate and that the
complaint is authorized by the copyright
holder.
Please send notices of copyright
infringement to TimaSearch.com's
Address:
Tima Search Technologies Inc.
1370 Don Mills Rd.
Suite 300,
Toronto, Ontario, M3B 3N7, Canada
Phone: (416)
510-2990
Fax: (416) 946-1292
Once proper notice has been received,
TimaSearch.com may take the following
action: (a) TimaSearch.com will remove
or block access to infringing material;
and (b) TimaSearch.com will notify the
subscriber of the copyright infringement
notification;
The subscriber may provide a counter
notice that contains the following
information: (a) physical or electronic
signature of the subscriber; (b)
identification of the material that has
been removed or to which access has been
disabled; (c) statement that the
subscriber has a good faith belief that
the material did not constitute
copyright infringement; (d) subscriber's
name, address, telephone number, and
email address; and (e) statement that
the subscriber consents to jurisdiction
in a court.
If TimaSearch.com receives a counter
notification, it will forward this
notification to the original complaining
party. If the complaining party does not
respond to the counter notice by filing
a lawsuit against the subscriber,
TimaSearch.com will restore the material
or access to the material within 15 days
of the receipt of a counter
notification.
20. Miscellaneous
The TCU constitutes the entire agreement
between you and TimaSearch.com and
governs your use of the Site,
superseding any prior agreements between
you and TimaSearch.com. You may also be
subject to additional terms and
conditions that may apply when you use
affiliate services, third-party content,
or third-party software.
You agree that the TCU and the
relationship between you and
TimaSearch.com shall be governed by the
laws of Canada (Ontario Province)
without regard to its conflict of law
provisions. You agree to submit to
personal and exclusive jurisdiction by
and venue in the provincial courts of
Ontario, Canada. The failure of
TimaSearch.com to exercise or enforce
any right or provision of the TCU shall
not constitute a waiver of such right or
provision.
If any provision of the TCU is found by
a court of competent jurisdiction to be
invalid, the parties nevertheless agree
that the court should endeavor to give
effect to the parties' intentions as
reflected in the provision, and the
other provisions of the TCU remain in
full force and effect. You agree that
regardless of any statute or law to the
contrary, any claim or cause of action
arising out of or related to use of the
Site or the TCU must be filed within one
(1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TCU are for
convenience only and have no legal or
contractual effect.
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