Terms of Use
(Version 141012. Effective October 1, 2014.)
Section links: 1. General | 2. Advertisers | 3. Visitors | 4. Jurisdiction

Section One. General

1.1 Acceptance Of Terms And Conditions Of Use

The Terms of Use contained herein apply to the current website system (the "System") which is developed, managed and operated by HMI Marketing Corporation of Vancouver, British Columbia, Canada ("HMIHQ"). This page states the terms and conditions (the "Terms") under which you may use the System. For the purposes of these Terms, HMIHQ shall include also its suppliers and affiliates, unless expressly stated otherwise. Please read these Terms carefully. By accessing the System you, hereinafter also referred to as "visitor" or "user" of the System, hereby accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated herein, do not use the System. HMIHQ may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

1.2 Version Number And Headings

These Terms are implemented with effect from October 1, 2014 and may be cited as Terms of Use Version 141012, or quoted as "Terms of Use" in materials of or related to the System.

The headings and paragraph numbers appearing in these Terms hereto are inserted for convenience of reference only and shall not in any way affect the construction or interpretation of these Terms.

1.3 Links To Third Party Sites

The System may contain hyperlinks to websites controlled by parties other than HMIHQ. HMIHQ is not responsible for and does not endorse or accept any responsibility over the contents or use of these websites. It is your responsibility to verify any information contained within these linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice, or subject to error but without responsibilities whatsoever on the part of HMIHQ.

1.4 No Warranty Or Representation

THE SYSTEM AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HMIHQ, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. HMIHQ MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

MUCH OF THE MATERIAL ON THE SYSTEM IS PROVIDED BY THIRD PARTIES AND HMIHQ SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.

1.5 Limitation Of Liability And Disclaimer Of Damages

(1) YOUR USE OF THE SYSTEM IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE SYSTEM OR WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SYSTEM AND ITS MATERIALS.

(2) HMIHQ DOES NOT WARRANT THAT THE SYSTEM WILL OPERATE ERROR-FREE OR THAT THE SYSTEM OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SYSTEM OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HMIHQ IS NOT RESPONSIBLE FOR THOSE COSTS OR WHATEVER COSTS RELATED THEREFROM.

(3) HMIHQ SHALL NOT BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU RESULTING FROM ANY MALFUNCTIONING OF THE SYSTEM.

(4) IN NO EVENT SHALL HMIHQ BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SYSTEM OR THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HMIHQ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section Two. Advertisers

2.1 Terms Governing The Use By An Advertiser

(1) If you post contents, texts, images or any other forms of material for distribution, advertising or marketing purposes (collectively referred to as "advertisement" or "ad") on the System, or if you pay or authorize someone to pay for HMIHQ to do any or all of the above on your behalf, or if you simply sign up to the System as an advertiser without doing any of the above, you shall become, and is hereby defined as, an Advertiser of the System ("Advertiser" or "advertisers") and the terms under Section Two hereof shall specifically affect you.

(2) You understand that any ad posted by you through the System is your sole and full responsibility. This means that you are entirely responsible for all contents that you post, upload or otherwise transmit to the System. In particular, you are responsible for the compliance of any and all applicable laws and regulations that may govern your posting, or the contents, of your ad. You are also responsible to ensure that your posting, or the contents, of your ad are in compliance with these Terms.

(3) All ad submitted will be accepted and processed automatically by the System in good faith without preview or verification by HMIHQ. However, HMIHQ reserves the right at all times to review, censor, edit, refuse to post or to remove any ads, in whole or in part, for any reason whatsoever, in HMIHQ's sole discretion.

(4) In the event your ad is found to be in violation of any of these Terms, or in violation of any applicable laws, and is resulted in being removed from the System, an administration fee of USD25 will be charged against you. You hereby agree to pay such charge upon demand, and hereby authorize HMIHQ to deduct such amount from your account held with us. Any paid and unused advertising fee, minus USD25, with respect to the removed ad will thereafter be returned to you.

(5) As of February 2014, you can sign up to the System using an email address as your username for the access to your advertisement maintenance section on the system. For the purposes of this feature of the system you hereby expressly agree with HMIHQ as follows:

  1. Using an email address as your username is not mandatory, but is recommended by the system.
  2. Username and Email Address remain two required fields for sign up. If you choose to use an email address as your username, you can only use an email address that is owned by you, or use one that you have authority to access and control, and such use is subject to the provisions contained in the paragraph entitled "DISPUTE HANDLING".
  3. DISPUTE HANDLING
    In the event of dispute over the ownership of an email address that is used as a username (such email address is hereinafter referred to as the "Username Address"), the System will obtain instructions by sending request to the Username Address. The instructions will include, but not limiting, change of password, email address and all data associated to the username account, or deactivate or even cancel the entire account and all advertisement entries under that account. IF YOU DO NOT OWN OR DO NOT HAVE ACCESS OR CONTROL OF THE USERNAME ADDRESS YOU COULD RISK LOSING THE CONTROL OF THE ENTIRE ACCOUNT AND ITS CONTENTS UNDER THAT USERNAME.

2.2 Restrictions On Contents Of Advertisement

You agree that you will not use the System to:

(1) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;

(2) post, upload or otherwise transmit any content which is not an accurate, truthful depiction of the product or service to which it relates, or that is otherwise misleading to consumers;

(3) post, upload or otherwise transmit any content that is abusive, defamatory, harassing, harmful, libelous, obscene, threatening, tortuous, unlawful, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(4) post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;

(5) post, upload or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(6) post, upload or otherwise transmit any material that contains software viruses, binary file or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or,

(7) post, upload or otherwise transmit any content which is considered, at the sole discretion of HMIHQ, selling services or products related to prostitution, pornography or similar nature.

2.3 Licence Granted By Advertiser

By posting advertisement on or through the System, you automatically grant HMIHQ a world-wide, royalty-free, perpetual and non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the contents of the advertisement, in whole or in part, alone or as part of other works in any form, media or technology whether now known or hereafter developed, for the purposes of

(1) marketing and promoting your advertisement on the System for an initial or renewal period covered by the advertisement, and

(2) marketing and promoting the System and any services and products in connection with the worldwide network of HMIHQ.

2.4 Relationship Between Advertiser And HMIHQ

(1) There is no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship between an Advertiser and HMIHQ.

(2) Advertising services of the System are available only to users who can form a legally binding contract under applicable law. The applicable law shall mean the laws of the Province of British Columbia and of Canada.

2.5 The Rights Of HMIHQ

(1) If HMIHQ discovers any advertisement that allegedly does not conform to any of these Terms, HMIHQ may investigate the allegation and determine in good faith and in its sole discretion whether to hold, modify or remove, or request the modification or removal of, such advertisement. HMIHQ shall have no liability or responsibility for performance or non-performance of such activities. You agree that any withholding or removal of your advertisement under these Terms may be executed without prior notice. Further, you agree that HMIHQ shall not be liable to you or to any third party for any withholding or removal of your advertisement (including any contents or elements contained therein) on the System.

(2) HMIHQ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request with respect to your advertisement posted, or any of your personal information submitted, to the System.

2.6 Advertiser Indemnity

You agree to defend, indemnify, and hold harmless HMIHQ, its officers, directors, employees, agents, suppliers and affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the System, your advertisement or your breach of any of these Terms. HMIHQ shall provide notice to you promptly of any such claim, suit, or proceedings and shall reasonably assist you, at your expense, in defending any such claim, suit or proceedings.

Section Three. Visitors

3.1 Contents Of Ads And Activities Between Advertisers And Visitors

The System is an automatically operational, multi-purposes advertising system. Advertisement, including its contents in texts or images, are intended to be automatically processed by and posted to the System in good faith without the preview or verification by personnel of HMIHQ. Advertisers using the System to post the advertisement are fully responsible for the contents of the advertisement. As such, HMIHQ cannot and does not take any responsibility for the content of the advertisement posted on the System, and HMIHQ does not actively monitor such content. HMIHQ does not control the actions of the advertisers or the activities between advertisers and visitors. Under no circumstances will HMIHQ be liable in any way for the content of the advertisement on the System or for the activities between advertisers and visitors.

3.2 Visitors Shall Use Caution

HMIHQ does not, and has no obligation to, preview advertisement posted by advertisers to the System. Advertisement is accepted and processed automatically by the System in good faith without verification by HMIHQ. Due to this very nature of operation, advertisement posted by advertisers might carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, might have been mislabelled or otherwise be deceptive. HMIHQ EXPECTS AND HEREBY ALERTS THAT YOU WILL USE CAUTION AND COMMON SENSE AND WILL EXERCISE PROPER JUDGEMENT WHEN USING INFORMATION OF THESE ADVERTISEMENT ITEMS.

3.3 No Endorsement

HMIHQ does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any advertisement posted on the System or does it endorse any opinions expressed in any reading materials supplied by third parties to the System. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIALS POSTED ON THE SYSTEM WILL BE AT YOUR SOLE DISCRETION AND YOUR OWN RISK.

Section Four. Governing Law And Jurisdiction

4.1 Jurisdiction

The System is controlled by HMI Marketing Corporation from its office in Vancouver, British Columbia, Canada. All matters relating your access to, or use of, the System shall be governed by laws of the Province of British Columbia and of Canada. Any legal action or proceedings relating your access to, or use of, the System shall be instituted in a provincial court in Vancouver, British Columbia, Canada. You and HMI Marketing Corporation agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceedings.

4.2 Validity And Alternations

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in writing and agreed upon by the parties, these Terms constitutes the entire agreement between you and HMI Marketing Corporation with respect to the use of the System and the materials contained therein.

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