LAST UPDATED: December 18, 2014
AFFILITY MEDIA INC. TERMS OF SERVICE
1. Agreement to be Bound
These Terms of Service (these “Terms of Service” or these “Terms“), as amended from time to time, govern your use of www.tfahelper.ca (“Website” or “TFSAhelper“) or any other online product or service to which you have access or use as well as any Account (defined below) you use to access the Website or other online products or services (together, the “Service“) offered by Affility Media Inc. or any of its subsidiaries and affiliates (collectively, “we“, “us“, “our” or “Affility Media“).
The words “you” and “your” or “User” refer to you, the end user of the Service who is being presented with this document for your agreement.
BEFORE WE GO ANY FURTHER, YOU MUST UNDERSTAND that access and use of the Service is restricted to those persons who are eighteen (18) years of age or older
BY USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICE, YOU REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, AND ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.
4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Affility Media’s policies, Affility Media grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to, and will not assist others to:
- design or assist in the design of automation software, bots, hacks, mods or any other software designed to modify or interfere with the Service;
- transmit any computer viruses, worms, defects, Trojan horses or any unauthorized communications including junk mail, chain letters, spam and any other materials that promote malware, spyware and downloadable items on, or in connection with the Service;
- gain unauthorized access to the Service, other users Account or to the computers, servers, or networks connected to the Service;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service;
- copy, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publically display, sell, trade or in any way exploit the Content (defined below) or Affility Media’s copyrights or trademarks;
- use any automated device, process or means including a robot, spider, site search/retrieval application, or other automated device, or any manual process or means to access, retrieve, scrape, or index the Content, Service or any of the User Generated Content (defined below);
5. Content and User-Generated Content
“Content” on the Service includes software, text, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, audio, visual, and all other forms of data or communication appearing on or emanating to and/or from the Service. All Content is and will remain owned by Affility Media and Affility Media reserves all right, title and interest in the Content and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.
“User Generated Content” is content that you submit or transmit to, through, or in connection with the Service, such as comments, messages, and information that may be displayed on our website. We do not claim any ownership rights in User Generated Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use such User Generated Content.
6. TFSA Information
ANY INFORMATION PROVIDED ON THE SERVICE ABOUT TFSAs IS PROVIDED ON AN “AS-IS” BASIS AND WE MAKE NO GUARANTEES AS TO THE ACCURACY, THOROUGHNESS OR QUALITY OF THE INFORMATION. AFFILITY MEDIA IS NOT RESPONSIBLE OR LIABLE FOR ANY ERRORS, OMISSIONS OR INACCURACIES ON THE SERVICE.
7. User Generated Content is Public Information
User Generated Content that you contribute to the Service is public information. Affility Media cannot guarantee that other users of the Service will not use such publically shared information. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it as User Generated Content on the Service. You hereby acknowledge and agree that Affility Media is not liable for any uses of your User Generated Content by any third party that had access to your User Generated Content during the period in which it was available on or through the Service.
8. License for User Generated Content
By contributing or otherwise making User Generated Content available on the Service, you hereby grant to us a worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, copy, adapt, modify, distribute, publically display, transmit, stream, broadcast, make available and otherwise use (collectively, “Use“) such User Generated Content only on or in connection with the Service.
9. Responsibility for User Generated Content
Affility Media does not endorse and may, but has no obligation to approve, or prescreen User Generated Content that is contributed to the Service. You alone are responsible for, and bear the risk of, the User Generated Content you contribute including anyone’s reliance on its quality, accuracy, reliability, or any disclosure by you of personally identifiable information.
As a condition of your use of the Service, you agree that you will not:
- post any information that contains, or links to content that contains, sexually explicit, violent, abusive, threatening, obscene, defamatory, libelous, or racially, religiously, or otherwise objectionable or offensive content;
10. Intellectual Property Rights
We respect the intellectual property rights of others. You must not contribute any User Generated Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party. You represent that you own, or have the necessary permissions to use and authorize the use of the User Generated Content you contribute to the Service.
11. Removal of User Generated Content
Affility Media may remove, block, edit, move or disable User Generated Content for any reason, including when Affility Media determines that User Generated Content violates these Terms of Service. If we determine, in our sole discretion, that any of the User Generated Content you have contributed to the Service should be removed, modified or otherwise altered, we may contact you first to carry out such removal, modification or alteration. Affility Media does not assume any responsibility or liability for User Generated Content or for the removal of, or any failure or delay in removing, such content.
12. Links to Third-Party Sites
The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Affility Media does not control such web sites, and is not responsible for the accuracy of the hyperlinks to those sites, the third party web site content, privacy policies, or for their collection, use or disclosure of any information they may collect from you.
13. Member Disputes
You are solely responsible for your interactions with others on, or in connection with, the Service. Affility Media may, but has no obligation to, become involved in any dispute that you have with any other party.
If you have a dispute with a third party you release Affility Media (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of these Terms, waive the applicability of California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” You hereby waive this section of the California Civil Code or any similar provision in law, regulation or code that has the same intent or effect as the aforementioned release.
14. Termination of Affility Media Services
We may suspend your ability to use certain portions of the Service and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind.
If you believe that any action has been taken against your Account in error, please contact Customer Support.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER AFFILITY MEDIA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE “AFFILITY MEDIA PARTIES“) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
16. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR HARMED REPUTATION, CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR RESULTING FROM THE RANKING OR ALGORITHM UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). THE AFFILITY MEDIA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. AFFILITY MEDIA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USE OF THE SERVICES WILL IN NO CASE EXCEED $50.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE AFFILITY MEDIA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE AFFILITY MEDIA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING USERS OF THE SERVICE, OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF AFFILITY MEDIA.
You agree to indemnify, save, and hold the Affility Media Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising from any claim or demand made by any third party arising out of or relating to: (1) your access, use or misuse of the Service, including any unauthorized or illegal conduct; (2) your violation of these Terms of Service; and (3) any breach of the representations, warranties, and covenants made by you herein. Affility Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Affility Media, and you agree to cooperate with Affility Media’s defense of these claims. Affility Media will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.
18. Dispute Resolution
If a dispute arises between you and Affility Media, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, Affility Media and you will resolve any claim or controversy at law or equity that arises out of these Terms or the Service (a “Claim“) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to legal action, we strongly encourage you to first contact us directly at Customer Support to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
19. General Provisions
19.2. Supplemental Policies
19.3. Entire Agreement
19.4. Law and Forum for Legal Disputes
19.5. Language of the Terms of Service
19.7. No Waiver
19.8. Equitable Remedies
You acknowledge and agree that the rights granted and obligations made under these Terms of Service to Affility Media are of a unique and irreplaceable nature, the loss of which shall irreparably harm Affility Media and which cannot be replaced by monetary damages alone. Accordingly, Affility Media shall be entitled to injunctive or other equitable relief in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of any part of the Service or any other Affility Media product or service.
19.9. Force Majeure
Affility Media shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Affility Media, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Affility Media’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.