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Home » Terms of Use »


TERMS OF USE



Terms of Use for the strategyonline.ca web site and service (the “Service”)
which is operated by Brunico Communications, Ltd. (“Company”). By using the
Service you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using the
Service. If you do not accept these Terms of Use, then you may not use the
Service. These Terms of Use are subject to change by Company at any time,
effective when posted on the Service. Your continued use after such notice will
constitute acceptance by you of such changes.

Registration. You may use the Service without registration, but in order to take
advantage of some aspects of the Service, you will need to register for an
account. Your account is for your sole, personal use, you may not authorize
others to use your account, and you may not assign or otherwise transfer your
account to any other person or entity. You are responsible for the security of
your password and will be solely liable for any use or unauthorized use under
such password.

Your License to Company. The Service may provide you with an opportunity to
share and upload, or submit to public forums, contests, sweepstakes, programs or
other aspects of the Service, your photos, videos, text and other information
(collectively any submission or derivative thereof is referred to as “Content”).
You hereby grant Company a perpetual license to use, redact, republish, copy,
sell, distribute, perform and distribute your Content and screen name, excluding
copyright and other intellectual property rights under the law, in any medium
now known or hereinafter developed without payment or compensation to you and
without seeking any further approval from you as part of the Service or in
support of the Service through advertising and marketing. You acknowledge that
nothing contained within your Content would require us to seek permission of a
third party in order to use the Content as described in these Terms of Use. You
also agree to waive any moral rights, or right to any residual payment
associated with Content if such Content is published, sold, distributed, or
otherwise commercially exploited.

Acceptable Use Policy. Company expects all of its users to be respectful of
other people. If you notice any violation of this Acceptable Use Policy or other
unacceptable behavior by any user, you should report such activity to Company
at abuse@brunico.com.

You are solely responsible for the Content that you post on the Service or
transmit to other users and agree that you will not hold Company responsible or
liable for any Content from other users that you access on the Service.

Categories of prohibited Content below are merely examples and are not intended
to be exhaustive. Company will make the sole determination as to whether or not
Content is acceptable for the Service. Without limitation, you will not post or
transmit to other users anything that contains Content that:

 * is defamatory, abusive, obscene, profane or offensive;
 * infringes or violates another party’s intellectual property rights (such as
   music, videos, photos or other materials for which you do not have written
   authority from the owner of such materials to post on the Service);
 * violates any party’s right of publicity or right of privacy;
 * is threatening, harassing or that promotes racism, bigotry, hatred or
   physical harm of any kind against any group or individual;
 * promotes or encourages violence;
 * is inaccurate, false or misleading in any way;
 * is illegal or promotes any illegal activities;
 * contains personal information of any party such as phone numbers, addresses,
   license plate numbers, etc;
 * contains software viruses 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
 * contains any advertising, promotional materials, “junk mail,” “spam,” “chain
   letters,” “pyramid schemes,” or any other form of solicitation.

Company is under no obligation to screen or monitor Content, but may review
Content from time to time at its sole discretion to review compliance with this
Terms of Use. Company will make all determinations as to what Content is
appropriate in its sole discretion. We may include, edit or remove any Content
at any time without notice.

You understand that when using the Service, you will be exposed to Content from
a variety of sources, and that Company is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such
Content. You further understand and acknowledge that you may be exposed to
Content that is inaccurate, offensive, indecent, or objectionable. If you do so
object, you should not use the Service.

You may not use spiders, robots, data mining techniques or other automated
devices or programs to catalog, download or otherwise reproduce, store or
distribute content available on the Service. Further, you may not use any such
automated means to manipulate the Service or attempt to exceed the limited
authorization and access granted to you under these Terms of Use. You may not
resell use of, or access to, the Service to any third party.

Voting. From time to time certain aspects of the Service may involve voting
through a variety of mechanisms potentially including web-based and/or mobile
voting. Company reserves the right to adjust the outcome of any voting
associated with the Service if it believes, in its sole discretion, that any
mechanism of fraud, abuse, or automated voting has influenced the result.
Furthermore, Company will consider the outcome of voting in association with the
Service, but may use other factors in addition to voting to determine various
aspects of the Service associated with voting.

Termination of Access. In addition to any right or remedy that may be available
to us under these Terms of Use or applicable law, we may suspend, limit or
terminate your account, or all or a portion of your access to the Service, at
any time with or without notice and with or without cause. In addition, we may
refer any information on illegal activities, including your identity, to the
proper authorities.

Privacy. The privacy of your personally identifiable information is very
important to us. For more information on what information we collect and how we
use such information, please read our privacy policy.

Links. This Service may contain links to other web sites not maintained by us.
These links may include listings that can provide you with further information,
or links that have been included in materials uploaded to the Service by a party
other than Company. We encourage you to be aware when you leave our Service and
to read the terms and conditions and privacy statements of each and every web
site that you visit. We are not responsible for the practices or the content of
such other web sites or services. Despite any links that might exist on the
Service, we do not endorse and are not affiliated with such third parties.

Advertisements. Company takes no responsibility for the products or services
provided by advertisers. Any dealings you have with advertisers found while
using the Service are between you and the advertiser, and you agree that Company
is not liable for any loss or claim that you may have against an advertiser.

Our Proprietary Rights. Company or its licensors are the exclusive owners of all
software, graphics, designs and all copyrights, trademarks and other
intellectual property or proprietary rights contained on or used in connection
with the Service. Except as set forth herein, you agree not to copy, distribute,
modify or make derivative works of any materials without the prior written
consent of the owner of such materials. All rights not granted under these Terms
of Use are reserved by Company.

No Warranties. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED
THROUGH THE SERVICE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE
SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED
THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY
THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES,
LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY,
PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY
AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found
to be invalid or unenforceable for any reason or if we are otherwise found to be
liable to you in any manner, then our aggregate liability for all claims under
such circumstances for liabilities, shall not exceed the lesser fifty dollars
($50).

Indemnity. You agree to defend, indemnify and hold harmless Company, its
officers, directors, employees, business partners and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees) arising from: (i)
any breach by you of any of these Terms of Use, (ii) your Content, (iii) your
use of materials or features available on the Service (except to the extent a
claim is based upon infringement of a third party right by materials created by
Company) or (iv) a violation by you of applicable law or any agreement or terms
with a third party to which you are subject.

Governing Law. The laws of the Province of Ontario, Canada shall govern these
Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE
IN THE COURTS LOCATED IN TORONTO, ONTARIO FOR ALL MATTERS ARISING IN CONNECTION
WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in
writing to Company within one (1) year of the date such claim first arose, or
such claim is forever waived by you. Each claim shall be adjudicated
individually, and you agree not to combine your claim with the claim of any
third party.

Copyright Notices. Materials may be made available via the Service by third
parties not within our control. We are under no obligation to, and do not, scan
content used in connection with the Service for the inclusion of illegal or
impermissible content. However, we respect the copyright interests of others. It
is our policy not to permit materials known by us to infringe another party’s
copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should
provide us with written notice that at a minimum contains:

 * A physical or electronic signature of a person authorized to act on behalf of
   the owner of an exclusive right that is allegedly infringed;
 * Identification of the copyrighted work claimed to have been infringed, or, if
   multiple copyrighted works at a single online site are covered by a single
   notification, a representative list of such works at that site;
 * Identification of the material that is claimed to be infringing or to be the
   subject of infringing activity and that is to be removed or access to which
   is to be disabled, and information reasonably sufficient to permit us to
   locate the material;
 * Information reasonably sufficient to permit us to contact the complaining
   party, such as an address, telephone number, and, if available, an electronic
   mail address at which the complaining party may be contacted;
 * A statement that the complaining party has a good faith belief that use of
   the material in the manner complained of is not authorized by the copyright
   owner, its agent, or the law; and
 * statement that the information in the notification is accurate, and under
   penalty of perjury, that the complaining party is authorized to act on behalf
   of the owner of an exclusive right that is allegedly infringed.

All copyright notices should be sent to our designated agent as follows:

Email: copyright@brunico.com.

It is our policy to terminate relationships regarding content with third parties
who repeatedly infringe the copyrights of others.

Severability. If any part of these Terms of Use shall be held or declared to be
invalid or unenforceable for any reason by any court of competent jurisdiction,
such provision shall be ineffective but shall not affect any other part of these
Terms of Use.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or
the waiver of any breach of these Terms of Use by you, shall not prevent a
subsequent exercise of such right by us or be deemed a waiver by us of any
subsequent breach by you of the same or any other term of these Terms of Use.
Our rights and remedies under these Terms of Use shall be cumulative, and the
exercise of any such right or remedy shall not limit our right to exercise any
other right or remedy.

Cancellation Policy. Monthly subscriptions are non-refundable and are
automatically renewed each month on the last day of your monthly billing cycle.
To cancel your monthly subscription login to your MyAccount page and select the
cancellation option. The cancellation will take effect at the end of the current
monthly billing cycle on your billing date. Yearly subscriptions can be canceled
at any time and subscriptions that have been served 10 months or less will
receive prorated refunds based on the number of months the subscription has been
active. To cancel your yearly subscription login to your MyAccount page and
select the cancellation option. The cancellation will take effect immediately.

Contact Information. Should you have any questions you may contact us
at terms@brunico.com.

Effective Date: These Terms of Use were last updated on May 11, 2011.

Thank you for taking the time to read these Terms of Use. By understanding and
agreeing to follow these Terms of Use, the experience will be better for all
users. Enjoy!

 


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