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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Family Fun Guide is the ultimate city guide and family management tool designed to help make the lives of parents easier, whether you are a city dweller or urban traveler. We welcome individual stories and viewpoints regarding your experiences. To help keep this the kind of place where users can feel comfortable sharing their thoughts, Family Fun Guide has established the following specific Terms of Use ("Terms of Use").
These Terms of Use constitute a binding legal agreement that you and each community member (registered or otherwise) makes with Family Fun Guide regarding use of the Family Fun Guide website, including any newsletters and other features made available through the website (collectively, the "Site"). By accessing and using the Site, you are hereby agreeing to be legally bound by these Terms of Use. If you do not agree with all of the following Terms of Use, please do not use this Site.
The content that appears on this Site is for information purposes only. Before you act on information that you find on this Site, Family Fun Guide encourages you to confirm any facts that are important to you. While Family Fun Guide strives to provide useful and accurate information on our Site, you should know that errors may appear from time to time. The content and materials posted by you and other users and third parties is not endorsed by Family Fun Guide, nor does Family Fun Guide guarantee the accuracy of any postings.
Certain features and services made available through this Site from time to time may be governed by additional or separate terms of use, rules or policies. By accessing and using those features and services, you are agreeing to be legally bound by such additional or separate terms of use, rules and policies.
These Terms of Use do not cover your rights or responsibilities with respect to any third party sites or pages that link to this Site or to which this Site provides links for your convenience.
Family Fun Guide reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof in this space. Please review these Terms of Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.
REGISTRATION
We may require you to have a unique user name and password combination in order to use certain features and functions of the Site. You may not (1) select or use a screen name of another person with the intention of impersonating that person, (2) use a screen name of anyone else without authorization, (3) use a screen name in violation of the intellectual property or other legal rights of any person or (4) use a screen name that Family Fun Guide considers, in its sole discretion and for any reason, inappropriate. Your user name and password are personal to you, and you may not allow any others to use your user name or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so.
You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
Please read our Privacy Policy, which describes how we collect and use your personal information. By registering with Family Fun Guide, you agree to allow our staff to contact you at your personal email address about your activity on the Site.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectible elements of the Site, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of Family Fun Guide and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to Canada, U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted on this Site or in connection with any particular Material, Family Fun Guide hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Site or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from Family Fun Guide or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party web site) without the express prior written consent of Family Fun Guide. Use of Family Fun Guide and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile or reverse engineer the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.
USER POSTINGS AND CORRESPONDENCE
The Site may contain interactive features which allow you and other users to post information, provide feedback to Family Fun Guide, and otherwise interact. To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, messages or any other material (individually and collectively, the "Postings"), please be advised that Postings do not necessarily reflect the views of Family Fun Guide. In no event shall Family Fun Guide assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use or appearance on or transmission via this Site.
Responsibility for Postings lies with each user. You alone are responsible for the content of your messages and the consequences of any such messages. Please take a moment to reflect on your Posting before submitting it as you cannot edit or delete a Posting. Please do not post in haste and consider your words and tone carefully, and then respond in a respectful and serious manner.
By submitting a Posting, you represent and warrant to Family Fun Guide that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content including without limitation text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant Family Fun Guide, our affiliates and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world in perpetuity.
We do not claim ownership of any Postings that you may post or submit. However, by submitting Postings to public areas of the Site, you hereby grant Family Fun Guide, our affiliates and other users the non-exclusive right to use, reproduce, modify and distribute your Postings, in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together with or as part of other material of any kind or nature. Without limiting the foregoing, Family Fun Guide will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that Family Fun Guide may determine. You agree that Family Fun Guide and our affiliates may identify you as the author of any of your Postings by name, email address or screen name as Family Fun Guide sees appropriate, in its sole discretion. You acknowledge that Postings may be indexed by online search engines such as Yahoo! and Google.
Any comments, materials, or letters sent by you to Family Fun Guide regarding the Site other than a Posting, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Comments") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights. Family Fun Guide will have no obligation of any kind with respect to Comments that you submit, and Family Fun Guide will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Comments in its sole discretion. We may not respond to your Comments and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such Comments. Family Fun Guide has no obligation to delete content that you find personally objectionable but does not violate the Terms of Use.
Without limiting any of Family Fun Guide's rights hereunder, you expressly acknowledge and agree that Family Fun Guide may preserve Postings and Comments and may also disclose Postings and Comments if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Postings or Comments violate the rights of third parties; or (d) protect the rights, property or personal safety of Family Fun Guide, its affiliates, suppliers, users or the public.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please send us a message about it (please refer to our Copyright Compliancy Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
YOUR RESPONSIBILITIES
You may only post a review of a company only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via discussion boards, user-generated pages or otherwise) any material, or otherwise engage in any conduct, that:
- violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that Family Fun Guide deems in its sole discretion to be inappropriate for this Site;
- victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- harms minors in any way;
- impersonates any person, business or entity, including Family Fun Guide or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
- involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
- otherwise interferes with the use or enjoyment of this Site by others;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- is intended to promote and/or generate revenue for any third party business activity; or
- violates these Terms of Use or any guidelines or policies posted on this Site.
Family Fun Guide discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language may be bounced back to the user. For purposes of clarity, "masked" vulgarity, obscenity or profanity (e.g., "f**k") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on Family Fun Guide. Family Fun Guide reserves the right to delete any such material from the Site. Family Fun Guide will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Service, including as enumerated above in this section on "Your Responsibilities."
You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
NO SPAM
You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this Site to violate the terms of this section. We may terminate your access to or use of the Site immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.
CONTENT CONTRIBUTED BY THIRD PARTIES
Family Fun Guide is a passive conduit of the information that you and other third parties submit. You acknowledge that Family Fun Guide does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is displayed or distributed throughout this Site. Discussion group moderators and other forum leaders, guides and hosts are not authorized Family Fun Guide spokespersons, and their views do not necessarily reflect those of Family Fun Guide. Family Fun Guide cannot and shall not be responsible for the views or opinions expressed by any third parties. Any opinions, advice, statements, suggestions, services, offers or other information or content presented or disseminated via any discussion board, user-generated pages, emails, newsletters or any other interactive features are those of their respective authors who are solely liable for their content. Your reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.
Family Fun Guide reserves the right, in its sole discretion, to edit, refuse to post, remove or block access to any material submitted to or posted on the discussion boards, user-generated pages or any other interactive areas of the Site that violates these Terms of Use or that is otherwise objectionable as determined by Family Fun Guide in its sole discretion, but Family Fun Guide is not responsible for any failure or delay in removing or blocking access to any such material. Notwithstanding the foregoing, Family Fun Guide does not generally and is under no obligation to screen messages or Postings, sweep its discussion boards or other areas of the Site or otherwise monitor the content posted on this Site. However, we reserve the right to do so at any time in our sole discretion. Family Fun Guide also reserves the right to revoke the privileges of users who do not comply with these Terms of Use.
CONTESTS AND OTHER PROMOTIONS
From time to time, Family Fun Guide or its suppliers and advertisers may conduct promotions on or through the Site, including without limitation auctions, contests and sweepstakes ("Promotions"). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the "Rules"). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FAMILY FUN GUIDE DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAMILY FUN GUIDE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAMILY FUN GUIDE, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, SAVINGS, GOODWILL, DATA OR USE), THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY FAMILY FUN GUIDE OR ANY THIRD PARTY, AND EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FAMILY FUN GUIDE'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PORTION HEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Use may not apply to you.
DEALINGS WITH THIRD PARTY SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Family Fun Guide shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.
THIRD PARTY HYPERLINKS
Family Fun Guide does not review or monitor any web sites linked to the Site and is not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Family Fun Guide, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, and Family Fun Guide does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Family Fun Guide is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Family Fun Guide, nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Family Fun Guide will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk.
NO RENDERING OF ADVICE
The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, legal or other professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and Family Fun Guide.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Family Fun Guide, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Family Fun Guide reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Family Fun Guide in asserting any available defenses.
TERMINATION OR SUSPENSION OF ACCESS; MODIFICATIONS TO SITE
Family Fun Guide reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, Family Fun Guide reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. Family Fun Guide shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.
PRIVACY POLICY
Certain information we may collect about you is subject to our Privacy Policy . Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information.
ELECTRONIC DELIVERY POLICY
You agree that we may provide to you required notices, agreements and other information concerning Family Fun Guide electronically. We may post the notices on the home page of this Site or on the relevant web page, or communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent and discontinue your use of this Site.
MINORS
The Site is not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THE SITE.
MISCELLANEOUS
Family Fun Guide operates and controls this Site from within Canada and the United States of America. This Site is intended exclusively for residents of the United States and Canada. We make no representation that content on this Site is appropriate or available for use in locations outside the United States and Canada and accessing it from territories where such content is illegal is prohibited. If you choose to access this Site from a location outside the United States or Canada, you do so on your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is Family Fun Guide responsible for ensuring that the Site is in compliance with the local laws of jurisdictions outside the United States or Canada. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to Canada or U.S. export restrictions.
These Terms of Use contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Site.
If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of Ontario (without regard to any principles of conflict of laws). Any action you bring in connection with these Terms of Use or any other matters related to this Site shall be brought only in a state or federal court located in Ontario , and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Each party hereby waives its right to a trial by jury for any disputes between the parties. Regardless of any statute or law to the contrary, any claim or cause of action against Family Fun Guide arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of Family Fun Guide to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliancy Policy.
For your information, this page was last updated as of January 2009.
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