Terms & Conditions
The The following are the rules that govern use
of Tima Search Business Directory, Tima Bookshop 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:
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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