Use of the JoeTourist InfoSystems Computer Systems
The JoeTourist InfoSystems constitutes a service which allows for the free
exchange of information on specific areas of interest. In using JoeTourist
InfoSystems, you agree to abide by all applicable local, national and
international laws and regulations, and you accept full and sole responsibility
for the operation of any JoeTourist InfoSystems account opened or operated by
you or under your name. This includes all emails sent from your account as well
as any activities that take place within a mailing list, newsletter or website
which has been created using your JoeTourist InfoSystems account.
In particular, you will not create, develop or make available any of the following content
(whether in the form of text, code, still photographs, images, sound, graphic or
video files), place such content in your account files, or promote or inform
anyone about such content:
- Pornographic or similar content;
- Content which infringes on personal rights, including without limitation
intellectual property rights;
- Content which is or may be reasonably construed as defamatory or which
fosters prejudice toward any group or individual or which may bring JoeTourist
InfoSystems or any of its associated companies into disrepute;
- Content which may infringe or incite the infringement of civil or criminal
laws;
- Any other illegal materials;
- Damaging computer programs, such as viruses, worms, trojans, etc.;
- Hyperlinks to websites which at any time contain any of the content listed
above.
The JoeTourist InfoSystems system is for your personal or commercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the JoeTourist
InfoSystems system.
You will not use JoeTourist InfoSystems for any purpose that is unlawful or
prohibited by these terms and conditions and notices. You may not use JoeTourist
InfoSystems in any manner which could damage, disable, overburden or impair such
system or interfere with any other party's use and enjoyment of JoeTourist
InfoSystems. You may not attempt to gain unauthorized access to JoeTourist
InfoSystems or any accounts, computer systems or networks connected to
JoeTourist InfoSystems, through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the JoeTourist InfoSystems
system.
JoeTourist InfoSystems does not claim ownership of the materials which you
provide to JoeTourist InfoSystems or upload to JoeTourist InfoSystems for
transmission to members or otherwise (each a "Submission"). However, by
uploading any Submission you are granting JoeTourist InfoSystems and its
associated companies [and sublicencees] permission to use your Submission in
connection with the operation of the JoeTourist InfoSystems system 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 or account details in connection with your Submission. No
compensation will be paid with respect to the use of your Submission, as
provided herein. JoeTourist InfoSystems is under no obligation to post or use
any Submission you may provide and JoeTourist InfoSystems may remove any
Submission at any time in its sole discretion. By uploading your Submission, you
represent and warrant that you own or otherwise control all of the rights to
your Submission as described in this paragraph, including without limitation,
all the required rights for you to upload such Submission.
You acknowledge that you have no copyright or other rights in any content
published or stored on JoeTourist InfoSystems other than such Submissions as you
have uploaded to JoeTourist InfoSystems. JoeTourist InfoSystems reserves all
copyright and other rights in respect of all content associated with the
JoeTourist InfoSystems service other than Submissions uploaded by you in
compliance with these terms and conditions.
JoeTourist InfoSystems reserves all such rights as it may require to save and
use, for statistical purposes, any information or other data which is passed to
or sent through JoeTourist InfoSystems.
You understand and accept that JoeTourist InfoSystems logos and text,
including sponsorship advertising, can be placed on any part of the JoeTourist
InfoSystems site, including eMails, websites, and your account files. JoeTourist
InfoSystems reserves the right to place advertising on any eMail, or Newsletter
sent through the JoeTourist InfoSystems or websites hosted by JoeTourist
InfoSystems.
A registered JoeTourist InfoSystems user accepts that from time to time they
may be contacted by email with news or offers generated by JoeTourist
InfoSystems.
JoeTourist InfoSystems is not responsible for the content of any newsletters,
eMails, discussion forums or websites sent through, held or run on the
JoeTourist InfoSystems system, and does not necessarily endorse any such
content. You irrevocably acknowledge that the views and opinions expressed in
any content submitted to the JoeTourist InfoSystems system do not necessarily
reflect the views and opinions of JoeTourist InfoSystems, its management, staff
or owners. You irrevocably agree to hold JoeTourist InfoSystems harmless against
any claims by third parties arising from content submitted by you or from your
use of the JoeTourist InfoSystems system.
JoeTourist InfoSystems contains links to other internet websites, resources
and members connected to the service. These links are provided to you only as a
convenience. You irrevocably acknowledge and agree that JoeTourist InfoSystems
is not responsible for the content or availability of these external resources,
and the inclusion of any link does not imply endorsement by JoeTourist
InfoSystems of any such external resource or association with its operators. Any
complaints about these sites should be directed to the webmaster or owner of
said site.
Any dealings with third parties (including advertisers) included within the
JoeTourist InfoSystems system or participation in promotions, including the
delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or
promotions, are solely between you and the advertiser or other third party.
JoeTourist InfoSystems shall not be responsible or liable for any part of any
such dealings or promotions.
JoeTourist InfoSystems reserves the right at its sole discretion to review
any content sent or submitted to JoeTourist InfoSystems for the purpose of
sending through the JoeTourist InfoSystems system. If, upon such review,
JoeTourist InfoSystems considers in its sole discretion that you have violated
these terms and conditions, it may, without liability, suspend or terminate your
access to the JoeTourist InfoSystems system, and may suspend or delete your
account and all or any associated content. Further, JoeTourist InfoSystems
reserves the right, without liability, to delete any lists or accounts which in
its sole opinion have become inactive, and to suspend or terminate any account
which sends Junk-Mail, Spam or any other form of unrequested (commercial) mass
eMails. JoeTourist InfoSystems shall have no obligation to notify you or to
provide reasons for such deletion, suspension or termination. If in the opinion
of JoeTourist InfoSystems, you are responsible for the violation of any
applicable law, JoeTourist InfoSystems reserves the right to hand over any
relevant content to the competent government or other authorities.
You may terminate your JoeTourist InfoSystems account by sending a letter to
JoeTourist InfoSystems or an e-mail to Admin@JoeTourist.net requesting
cancellation of your JoeTourist InfoSystems service. Two weeks' notice is
required for cancellation of any service for which JoeTourist InfoSystems
requires payment.
Notwithstanding the other terms and conditions contained herein, JoeTourist
InfoSystems reserves the right without liability and at its sole discretion to
suspend or terminate the account of any user (including your account) without
notice and to delete all associated content. JoeTourist InfoSystems shall have
no obligation to notify you or to provide reasons for such suspension,
termination or deletion, and also has no obligation to refund any
payments for service you might have previously paid.
Use of the JoeTourist InfoSystems system is entirely at the user's risk.
While JoeTourist InfoSystems strives to provide continuous service and
availability of the JoeTourist InfoSystems system, you irrevocably acknowledge
that the services provided by JoeTourist InfoSystems may not be operational or
accessible at all times, and that in registering with and using JoeTourist
InfoSystems, you do not expect or rely on continuous or error-free operation or
availability of the JoeTourist InfoSystems system. You further irrevocably
acknowledge that e-mails sent through JoeTourist InfoSystems may not always
reach their intended recipient.
JoeTourist InfoSystems reserves the right without liability to temporarily or
permanently change aspects of the site, or discontinue aspects of the JoeTourist
InfoSystems system altogether.
JoeTourist InfoSystems makes no representation and provides no warranty
(whether implicit or explicit) to you in connection with the JoeTourist
InfoSystems system. To the fullest extent permitted by law, JoeTourist
InfoSystems shall have no liability for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever (including
but not limited to loss of profits or loss of data or other economic loss)
arising out of or in any way connected with the use of the JoeTourist
InfoSystems system or with any failure or delay in operation of such system or
in complying with any express or implied obligation found to be owed by
JoeTourist InfoSystems to you. You irrevocably agree that, to the fullest extent
permitted by law, the liability of JoeTourist InfoSystems to you (other than
liability for personal injury) in respect of any and all claims by you against
JoeTourist InfoSystems shall not at any time exceed CDN$100 (one hundred
Canadian dollars). You expressly waive all claims against JoeTourist InfoSystems
in excess of this sum.
You irrevocably agree that if you are dissatisfied with any portion of the
JoeTourist InfoSystems system, or with any of these terms and conditions of use,
your sole and exclusive remedy is to discontinue using the JoeTourist
InfoSystems system.
You agree to protect, defend and, if required, indemnify and hold harmless
JoeTourist InfoSystems and its associated companies, suppliers, factors and
collection companies, and their respective officers and employees from time to
time, from all and any financial loss, liability, demands, damages or costs
(including legal costs) resulting from your use of the service or any breach of
these terms and conditions. JoeTourist InfoSystems reserves the right without
liability to take such action as may in its sole opinion be necessary in order
to protect itself from the consequences of your actions without releasing you
from your liability.
Changes to the Terms and Conditions
JoeTourist InfoSystems reserves the right without liability to change these
terms and conditions (including without limitation the charges associated with
the use of the JoeTourist InfoSystems system) at any time and will inform you of
such changes by e-Mail, including details of how any objections to such changes
may be lodged. Such changes will become binding on you unless you object to such
changes in the prescribed manner within one month of receiving the e-mail
notification of such changes.
If any provision of these terms and conditions is found by a court or other
competent authority to be invalid and/or unenforceable, such provision shall be
replaced with a valid and/or enforceable provision which most closely reflects
the intent of the original provision.
No waiver or delay by JoeTourist InfoSystems in enforcing any part of these
terms and conditions will prejudice or restrict its rights, nor will any waiver
of its rights operate as a waiver of any subsequent breach.
These terms and conditions, together with the your registration information,
constitute the entire agreement between you and JoeTourist InfoSystems relating
to your use of the JoeTourist InfoSystems system.
Applicable Laws and Courts
These terms and conditions will be governed by and construed in accordance
with Canadian law and subject to the operation of the following paragraph, you
irrevocably submit to the exclusive jurisdiction of the courts of Canada. You
undertake to make a bona fide attempt to settle any dispute with JoeTourist
InfoSystems before resorting to court action.
I HAVE READ AND UNDERSTOOD THE PRECEDING TERMS AND CONDITIONS OF USE AND
ACCEPT THAT ONCE I AM REGISTERED WITH JOETOURIST INFOSYSTEMS, I AM OBLIGED TO
COMPLY WITH THEM AT ALL TIMES.