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Introduction
Welcome to FlapJack Finder (FlapJackFinder.ca). This website is owned and operated by
Vannin Technology. By visiting our website and accessing the information, resources,
services, products, and tools we provide, you understand and agree to accept and
adhere to the following terms and conditions as stated in this policy (hereafter
referred to as 'User Agreement'), along with the terms and conditions as stated
in our Privacy Policy (please refer to the Privacy Policy section below for more
information).
This agreement is in effect as of Apr 20, 2012.
We reserve the right to change this User Agreement from time to time without notice.
You acknowledge and agree that it is your responsibility to review this User Agreement
periodically to familiarize yourself with any modifications. Your continued use
of this site after such modifications will constitute acknowledgment and agreement
of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products,
and tools we provide for you, either directly or indirectly (hereafter referred
to as 'Resources'), you agree to use these Resources only for the purposes intended
as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations
and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information
about yourself (such as identification, contact details, etc.) as part of the registration
process, or as part of your ability to use the Resources. You agree that any information
you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information
associated with any account you use to access our Resources. Accordingly, you are
responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than
through the means we provide, is strictly prohibited. You specifically agree not
to access (or attempt to access) any of our Resources through any automated, unethical
or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including
the servers and/or networks to which our Resources are located or connected, is
strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources
is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly
or indirectly incur or suffer due to any unauthorized activities conducted by you,
as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog
comments, blog posts, public chat, forums, message boards, newsgroups, product ratings
and reviews, various social media services, etc. You understand that generally we
do not pre-screen or monitor the content posted by users of these various communication
tools, which means that if you choose to use these tools to submit any type of content
to our website, then it is your personal responsibility to use these tools in a
responsible and ethical manner. By posting information or otherwise using any open
communication tools as mentioned, you agree that you will not upload, post, share,
or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating,
fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate,
or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary
right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Vannin Technology employees
or representatives.
We have the right at our sole discretion to remove any content that, we feel in
our judgment does not comply with this User Agreement, along with any content that
we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates
any 3rd party copyrights or trademarks. We are not responsible for any delay or
failure in removing such content. If you post content that we choose to remove,
you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd
party users of our website. However, any content posted by you using any open communication
tools on our website, provided that it doesn't violate or infringe on any 3rd party
copyrights or trademarks, becomes the property of FlapJackFinder.ca, and as such, gives
us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce,
modify, adapt, translate, publish, publicly display and/or distribute as we see
fit. This only refers and applies to content posted via open communication tools
as described, and does not refer to information that is provided as part of the
registration process, necessary in order to use our Resources. All information provided
as part of our registration process is covered by our privacy policy, found on the
web site.
i. You agree to indemnify and hold harmless FlapJackFinder.ca and its parent company
and affiliates, and their directors, officers, managers, employees, donors, agents,
and licensors, from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this User Agreement
or the failure to fulfill any obligations relating to your account incurred by you
or any other person using your account. We reserve the right to take over the exclusive
defense of any claim for which we are entitled to indemnification under this User
Agreement. In such event, you shall provide us with such cooperation as is reasonably
requested by us.
Privacy
Your privacy is very important to us, which is why we've created a separate Privacy
Policy in order to explain in detail how we collect, manage, process, secure, and
store your private information. Our privacy policy is included under the scope of
this User Agreement. To read our privacy policy in its entirety, please see the
privacy policy section of the web site.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are
"as is" and "as available". This means that we do not represent or warrant to you
that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from
errors.
iii) the information obtained by using our Resources will be accurate or reliable,
and
iv) any defects in the operation or functionality of any Resources we provide will
be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources
is done at your own discretion and risk, and that you are solely responsible for
any damage to your computer or other devices for any loss of data that may result
from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained
by you from FlapJackFinder.ca or through any Resources we provide shall create any
warranty, guarantee, or conditions of any kind, except for those expressly outlined
in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly
understand and agree that any claim against us shall be limited to the amount you
paid, if any, for use of products and/or services. FlapJackFinder.ca will not be liable
for any direct, indirect, incidental, consequential or exemplary loss or damages
which may be incurred by you as a result of using our Resources, or as a result
of any changes, data loss or corruption, cancellation, loss of access, or downtime
to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on FlapJackFinder.ca, including but not limited
to text, graphics, website name, code, images and logos are the intellectual property
of FlapJackFinder.ca, and are protected by applicable copyright and trademark law.
Any inappropriate use, including but not limited to the reproduction, distribution,
display or transmission of any content on this site is strictly prohibited, unless
specifically authorized by FlapJackFinder.ca.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access
to all or part of our website and Resources with or without notice and for any reason,
including, without limitation, breach of this User Agreement. Any suspected illegal,
fraudulent or abusive activity may be grounds for terminating your relationship
and may be referred to appropriate law enforcement authorities. Upon suspension
or termination, your right to use the Resources we provide will immediately cease,
and we reserve the right to remove or delete any information that you may have on
file with us, including any account or login information.
Governing Law
This website is controlled by FlapJackFinder.ca. It can be accessed by most countries
around the world. By accessing our website, you agree that the statutes and laws
of our state, without regard to the conflict of laws and the United Nations Convention
on the International Sales of Goods, will apply to all matters relating to the use
of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal
or state courts You hereby agree to personal jurisdiction by such courts, and waive
any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, FlapJackFinder.ca EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined
above, you can contact us through the contact form.
FlapJackFinder.ca
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