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1. Website terms and conditions.
The materials on THE NICE LITTLE PHONEBOOK PUBLISHERS’ Website (the “Site”), which may include text, images, audio clips, video clips, software and other materials (the “Content”), are provided by THE NICE LITTLE PHONEBOOK for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below (“Terms and Conditions”). If you do not agree to these terms and conditions, do not access the Site or download any Content.
2. General Disclaimers.
THE NICE LITTLE PHONEBOOK intends for the Content on the Site to be accurate and reliable, however, it is provided to you “as is” and “as available”. THE NICE LITTLE PHONEBOOK ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Links available on the Site will allow you to link to Websites not maintained or controlled by THE NICE LITTLE PHONEBOOK. THE NICE LITTLE PHONEBOOK provides these links for your convenience, and is not responsible for the contents of any linked site. THE NICE LITTLE PHONEBOOK uses reasonable efforts to ensure the accuracy of its Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other Website which you may access through the Site. It is your responsibility to ensure that any Website you choose to use is free of potentially destructive items such as viruses.
IN NO EVENT WILL THE NICE LITTLE PHONEBOOK BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NICE LITTLE PHONEBOOK DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE.
3. Restrictions on Use.
You may not use the Site for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Site solely for the noncommercial use and benefit of yourself or your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree to comply with any other applicable terms and conditions of service set forth on the Site. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works from, store, archive, publicly display or in any way commercially exploit any of the THE NICE LITTLE PHONEBOOK Content. Without limitation, you may not do any of the following without prior written permission from THE NICE LITTLE PHONEBOOK (and may not allow a third party to do any of the same):
- Search and retrieve information from THE NICE LITTLE PHONEBOOK’s computer systems using automatic querying, harvesting, crawling, scraping or any similar program;
- Copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the site, except that you may download material from the site and/or make print copies for personal use, provided that all copies retain all copyright and other proprietary notices;
- Modify the Site’s content;
- Offer any part of the Site for sale or distribute it over any other medium, including, but not limited to a computer network or hyperlink framing on the Internet;
- Use any names or marks included on the site in any manner that creates the impression such names or marks belong to or are associated with you or imply any endorsement;
- Redistribute any of the THE NICE LITTLE PHONEBOOK Content, including through any content aggregation, library, archive or similar service;
- Remove the copyright or trademark notice from any copies of THE NICE LITTLE PHONEBOOK Content made under these terms and conditions;
- Create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the THE NICE LITTLE PHONEBOOK Content;
- Deep link to, frame, spider, harvest or scrape the THE NICE LITTLE PHONEBOOK Content or otherwise access the THE NICE LITTLE PHONEBOOK Content for similar purposes; or
- Use any machine, electronic, web based or similar devise to read or extract the THE NICE LITTLE PHONEBOOK Content by automated or machine based means.
PLEASE NOTE THAT, IN ADDITION AND WITHOUT PREJUDICE TO THE RIGHTS OF THE NICE LITTLE PHONEBOOK AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THE SITE.
4. Copyright.
All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by THE NICE LITTLE PHONEBOOK or its content suppliers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through the Site, and maintain such notices in the Content.
Certain Content is provided under license from third parties, including Google Maps (“Google”), and is subject to copyright and other intellectual property rights owned by or licensed to Google and/or such third parties. You may be held liable for any unauthorized copying or disclosure of this content. Your use of Google maps or any other third party files or information is subject to additional restrictions.
5. Trademarks.
All products, services and company names mentioned in the Site may be trademarks of their respective owners. You may not use any trademark displayed on the Site without the written permission of THE NICE LITTLE PHONEBOOK or the relevant owner of the trademark.
6. Privacy and Confidential Information.
THE NICE LITTLE PHONEBOOK’s Privacy Policy is a binding part of these Terms and Conditions.
7. Indemnification.
You expressly agree to defend, indemnify and hold harmless THE NICE LITTLE PHONEBOOK PUBLISHERS and its officers, directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns from and against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities and expenses (including, but not limited to, court costs, reasonable attorney, paralegal and expert witness fees) arising in connection with the breach of the Agreement, your use of the Site or the breach of any third party intellectual property rights, regardless of the sole and/or comparative negligence or other fault or responsibility of the THE NICE LITTLE PHONEBOOK or its officers, directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns. Such indemnity shall continue in full force and effect notwithstanding the termination of the Agreement or your discontinuance of use of the Site.
8. Changes.
THE NICE LITTLE PHONEBOOK reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice. THE NICE LITTLE PHONEBOOK reserves the right to refuse or discontinue the Service to anyone, at any time in its sole discretion with or without notice.
9. Miscellaneous.
Terms and Conditions, including THE NICE LITTLE PHONEBOOK Privacy Policy and other documents referenced herein, constitute the entire agreement between THE NICE LITTLE PHONEBOOK and you with respect to your use of this Site. THE NICE LITTLE PHONEBOOK’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of Canada in the Province of Nova Scotia, applicable therein. You agree to submit to the personal jurisdiction of the provincial and federal courts located in Truro, Nova Scotia, with respect to any legal proceedings arising out of this agreement or your use of the Site and waive any objection to the propriety or convenience of venue in such courts. The parties have required that these Terms and Conditions and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. |
