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ADSPOTS™ INC. TERMS OF USE POLICY:


These terms and conditions (the "Terms") govern your use of this AdSpots.ca ("AdSpots") website (the "Website") and the AdSpots™ Inc. WiFi Services including the Toolbars and any other tool or software supplied by AdSpots ("Services"). If you do not agree with these Terms, do not use this Website or the Free WiFi Services.

By using the service, you accept the following terms of use:

You assume full responsibility for your usage of the service.

You assume full responsibility for taking any security measures necessary to protect your communications through the service.

You will be respectful towards all other users of the service and will not interfere with or act to the detriment of their use or enjoyment of the service.

You will not use the service to access Adult websites or content and we will terminate your access if we detect it. AdSpots are generally located in Public areas and adult material is inappropriate. Remember that you are responsible for your own actions.

You will not use the service for any illegal activities and you will comply with any acceptable use policy or use guidelines that AdSpots™ Inc. institutes. Excessive use of bandwidth or other use deemed unreasonable by AdSpots™ Inc. is prohibited.

You will not sell, lease, relay or share the service or any particular wireless connection provided by the service without the express prior consent of AdSpots™ Inc. AdSpots™ Inc. provides the service without any warranties, express or implied, statutory or otherwise, including warranties of quality, availability or security.

You agree that neither AdSpots™ Inc., other users of the service nor the operator of the access points to which you connect shall have any liability to you or any other person, whether for general, special, punitive, aggravated, economic or other damages, arising out of your usage of the service.

You agree to indemnify AdSpots™ Inc. for any claims, loss or injury caused to it or any other person because of your use of the service.

Manipulate the price of any item or interfere with other user's listings;

Circumvent or manipulate our fee structure, the billing process, or fees owed to AdSpots™ Inc.

Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).

Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the site or for using it for purposes unrelated to AdSpots Inc.);

Transfer your AdSpots Inc. account (including feedback) and User ID to another party without our consent;

Distribute or post spam, chain letters, or pyramid schemes;

Distribute viruses or any other technologies that may harm AdSpots Inc., or the interests or property of AdSpots Inc. users;

Copy, modify, or distribute content from the sites and AdSpots Inc.'s copyrights and trademarks; or

Harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing AdSpots Inc.

AdSpots™ Inc. works to keep our site working properly.

Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services

Joining AdSpots™ Inc. is free. We do have a fee for advertising. When you advertise with us you have an opportunity to review and accept the fees that you will be charged based on our Fees Schedule, which we may change from time to time. Changes to that policy are effective immediately after posting the changes on the AdSpots™ Inc. website. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site.

Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our site and service with a valid payment method. If your payment method fails we may collect fees owed using other collection mechanisms. (This includes retaining collection agencies and legal counsel)

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

While we try to offer reliable data, we cannot promise that the advertisements will always be accurate. If you choose to include content in your advertisement, you will be responsible for ensuring that your ads are accurate and do not include misleading information. You agree that you will not hold AdSpots™ Inc. responsible for inaccuracies in their advertisements. The advertisers may include copyrighted, trademarked or other proprietary materials. You may use the ads only for informational purposes and only in connection with your AdSpots™ Inc. listings. You may not use advertisers’ content in a way that infringes or violates anyone’s proprietary rights.

Liability

You will not hold AdSpots™ Inc. responsible for other users' content, actions or inactions. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings.

We cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures 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.

Access and Interference

Muchof the information on our site is updated on a real-time basis and is proprietary or is licensed to AdSpots™ Inc. by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission.

Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the site without the prior expressed written permission of AdSpots™ Inc. and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or
• bypass our restrictions or other measures we may use to prevent or restrict access to the site.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the AdSpots™ Inc. Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in Canada that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the AdSpots™ Inc. Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by registered mail to AdSpots™ Inc. AdSpots™ Inc. Alastair Ross Technology Centre, Suite 471, 3553 - 31 Street NW, Calgary, Alberta, Canada T2L 2K7 (in the case of AdSpots™ Inc.) or to the email address you provide to AdSpots™ Inc. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to AdSpots™ Inc. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and AdSpots™ Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and AdSpots™ Inc. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against AdSpots™ Inc. must be resolved by a court located in Calgary, Alberta, Canada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Calgary, Alberta, Canada for the purpose of litigating all such claims or disputes.

• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than C$15,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• Improperly Filed Claims - All claims you bring against AdSpots™ Inc. must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, AdSpots™ Inc. may recover attorneys' fees and costs up to C$1500, provided that AdSpots™ Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the site:

Privacy Policy
Advertisers Policy

Each and all of our policies may be changed from time to time. Changes take effect when we post them on the AdSpots™ Inc. site. When using particular services on our site, you are subject to any posted policies or rules applicable to services you use through the site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

Privacy policy:

AdSpots™ Inc. will not without your express consent collect your personal information, except for the email address you use to register for the service, the MAC address of your wireless device, the times and locations of your connections, and the amount of data transferred through those connections. In addition, it will not log your data or its destination except when AdSpots™ Inc. needs to analyze data transfer in order to resolve technical problems.

AdSpots™ Inc. will use your personal information solely for internal purposes in connection with the operation, management and maintenance of the service or its transfer to another operator, and will use customary measures to maintain the security of that information, and will only keep the information for as long as is reasonably required to fulfill these purposes.

Unless AdSpots™ Inc. is required to do so by applicable law; it will not share your personal information with any third party without your express consent.

If you wish AdSpots™ Inc. to delete your personal information from its records, or if you have any questions concerning the use of your personal information, please contact AdSpots™ Inc. “Contact Us” page. In order to maintain this service in the long-term, AdSpots™ Inc. may:

Institute connection limits, such as limiting speed or quality of connections. Deactivate accounts for any reason whatsoever at the sole discretion of AdSpots™ Inc.

Deactivation may occur for reasons including, but not limited to, users not abiding by this agreement or for purposes of eliminating duplicate accounts.

Block outgoing SMTP email connections or the use of any particular ports.

Contact users, using the email address under which they are registered, on subjects relating directly to the activities or operations of AdSpots™ Inc.

Last updated: March 1st, 2010 0