1. The Owners.
This site is owned and operated by DPD Software Ltd./Canada Overdrive On-Line (1996) Inc.. The content and organization of this site are protected by all applicable domestic and international laws that governs the protection of intellectual property. No material found on this site or that which may have originated from this site through it's built-in notification systems may be modified, copied, republished, posted, transmitted, or distributed in any manner without the express written permission of the owners. You may print and download portions of material from this site solely for your own personal, non commercial use, provided that you agree not to change or delete any copyright or proprietary notice from the materials.
2. Authorized Users.
3. Fees and Services.
As a member, there is no cost to use this site for the basic product offering as advertised. However, there are costs associated with upgrades to the basic site pakage. Please review pricing information for more details by clicking here. We reserve the right to review and change the charges for use of our services. However, if any changes to our charges for services offered occur, the increases to prices shall be posted on our Pricelist Page 30 days prior to the effective date of the changes. Please note, notice of changes to our charges for use of the services offered will only be posted on this site. BEFORE you list an item you should review and accept the fees that you will be charged for the use of the services upgrade before requesting the change. We may at our sole discretion change some or all of our services at any time. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian dollars.
4. Safe Trading.
We cannot and do not confirm each user’s purported identity. As such, we encourage you the member to communicate accurately any information that you offer to the public when using our services. We encourage you the visitor to take caution when reading any members' information as the information is not monitored by the owners. Although, the owners review each application for a web sitehosted on our platforms, we do so solely for the purpose of classification and member qualification. WE DONOT MONITOR content of site after the member has been approved (see 5. Conditions of Use). Directly communicating with potential trading partners is always a good way to start the exchange of good and services. In order to protect yourselves we recommend you consider using a third party source to provide additional verification before acting based on information published by our members. We further ask that you exercise caution when using the services offer by members of our site.
5. Conditions of Use.
Members must be legally qualified to display the information entered on your member site. When you establish yourself as a member of our service you shall accept the responsibility for the information displayed on your site. All members must recognise and accept the processes by which a member site is updated and accepts responsibiliy to keep secure any and all access to your web site's editor. As a member, you shall describe accept the responsibily for any unauthorized access to your web site.
As the Member, you are solely responsible for any information you provide to the member site during the web site life cycle process, in any public message area or through any email feature provided by our service. The owners. (doing business on-line as MyFreeSiteCanada.ca) acts as a neutual forum for your online distribution and publication of your information. Your information: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s intellectual property rights or other proprietary rights or rights of privacy; (d) shall not violate any law, statute, or regulation; (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise must not breach any law govening the use and distribution of such material or information.; (g) shall not contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISP or other supplier; and (i) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms and Conditions; (ii) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us a fee pursuant to our usage policy, could cause us to violate any applicable law, statute, or regulation.
Items adult in nature or harmful to minors, are considered objectional material and shall be removed from our site at our descretion without refund of fees paid. The Owner shall not be held liable for any claims, demands and damages of every kind and nature, arising from this action. See Section Right to Terminate.
Since the Owner is not involved in the actual transaction between Members and Visitors with the exception that we provide the use of our tools to facilate your transactions, in the event that you have a dispute with one or more of your trading partners establish through the use of our site, you release the Owner, our officers, directors, agents, employees and partners from all claims, demands and damages of every kind and nature, arising out of or in any way connected with such disputes.
You agree that upon posting information on this site (with the exception of your User Profile information provided on sign-up, see Pravicy Agreement, you grant the Owner and its successors and assigns a non-exclusive, world wide, royalty free, perpetual license under your copyrights to use, distribute, reproduce and create derivative works from such information in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising.
We reserve the right for any reason to remove without notice any contents of this site received from you. Further, we reserve the right to edit any notices or postings for clarity and length or as we see fit.
8. Linked Sites.
Any links to sites found linked from MyFreeSiteCanada.ca are not under the control of our staff, and we do not assume any responsibility or liability for the contents of any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of such sites.
9. No Agency.
No agency, partnership, joint venture, employee employer or franchisor franchisee relationship between any user and the Owner is intended or created by these Terms and Condition or otherwise.
10. Right to Terminate.
We may in our sole discretion terminate or suspend your registration immediately without notice to you if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us. We reserve the right in our sole discretion to deny any person access to this site or any portion thereof without notice.
11. System Integrity.
The use of any device, software or routine that interferes or attempts to interfere with the proper working of this site is expressly prohibited. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure; our ISP; or any of our suppliers. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You remain solely responsible for any authorized or unauthorized use of your password.
We continue to protect our infastructure through the use of Internet security protocols and monitoring. However, you should understand and agree that the Internet on it's own is not secure, and information is subject to interception or loss. The Owner makes no warranties of any kind, either express, implied, or statutory concerning the security of any materials including, but not limited to, data. However, just as with any other real world transaction involving the exchange of money for goods and services, using care with the exposure of private codes and password will help ensure better security of your data. In addition to other security precautions you may employ, you should always log off when finished using our site or close your browser when you wish to leave your computer.
13. Disclaimer of Liability.
THE MATERIALS IN THIS SITE ARE PROVIDED AS IS AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VINTAGE AUCTIONS OF CANADA LTD. DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER VINTAGE AUCTIONS OF CANADA LTD. NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH MATERIALS OR TO WHOM SUCH MATERIALS MAY BE FURNISHED, FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY MATERIALS PROVIDED IN THIS SITE. OUR TOTAL LIABILITY UNDER THESE TERMS AND CONDITIONS TO ANYONE IS LIMITED TO $500.00 CANADIAN FUNDS.
14. Non waiver.
Failure on our part to enforce any provision(s) of these Terms and Conditions for use of our services shall not be deemed a waiver of such provision(s) nor of the right to enforce such provision(s). Should any portion of these Terms and Conditions be held invalid or unenforceable under law, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of us, and the remaining portions shall remain in full force and effect.
You agree to indemnify, defend and hold MyFreeSiteCanada.ca, the Owners, and our affiliates, content and service providers harmless for any liability, loss, claim and expense (including legal fees) related to your violation of these Terms and Conditions or use of this site.
The provisions contained in these Terms and Conditions may be amended from time to time by us at our sole discretion by posting a new User Agreement on this site. The amended terms shall be effective 15 days after they are initially posted.
Any notice to you shall be made to the email address found on your User Profile at time of the need to contact you. The notice shall be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may provide notice to you by certified mail or regular mail to the address provided via the same User Profile.
18. Governing Jurisdiction.
This User Agreement is governed by and construed in accordance with the laws of Manitoba. All legal proceedings arising out of or in connection with this User Agreement shall be brought in Winnipeg, Manitoba, Canada and you expressly submit to the jurisdiction of the courts of Manitoba, Canada.
19. Contact Information.
If you have any questions about this User Agreement, the practices of the Owner, or your dealings with this site, please contact us at info@DPDSoftware.ca. Thank you for choosing our services, and we hope that you are successful in your transactions.
©2004 DPD Software Ltd. All rights reserved.