Terms of Service
This agreement was last updated on June 20, 2011
This is a legal agreement (“Agreement”) between you and Diaper-BOIS (Diaper-BOIS.com), hereby referred to as the “Site”. When you sign up for any services on Diaper-BOIS.com, you agree to all the terms and conditions of this Agreement.
This Agreement constitutes your agreement with Diaper-BOIS with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become an authorized user of the Service. As used in this Agreement, “we” and “us” means Diaper-BOIS or any successor or assign of such.
Right to Use
Your right to use the service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We reserve the right to alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the service without notice or liability.
Minors may not become members. By becoming a member, you represent and warrant that you are at least 18 years of age. Diaper-BOIS may require that you provide information from time to time to indicate that you are at least 18 years of age.
You agree to use the Service in accordance with the following Online Conduct:
- You will keep all information provided to you through the Site as private and confidential, and will not give the information to anyone without permission from the person who provided it to you.
- You will not use the Site to engage in harassment or offensive behavior of any form. This includes, but is not limited to the posting of communications, pictures or recordings which contain defamatory, malicious, abusive or libelous statements as well as racist, pornographic, obscene or offensive language.
- You will not use the Site to infringe on the personal rights, property rights, privacy rights or any other rights of any person.
- You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Site. You will also not transmit or forward chain letters or junk e-mails to other members or employees of the Site.
- You will not express or imply that any statements you make are endorsed by the Site without our specific prior written consent.
- You will use the Site in a manner consistent with any and all applicable laws and regulations.
- You are solely responsible for your interactions with other members on the Site. We reserve the right, but have no obligation to monitor and/or mediate disputes between you and other members of the Site.
- You will not post, transmit or upload any viruses or do anything that could cause harm to the Site, Diaper-BOIS, and/or other members.
- You will not post, distribute or reproduce in any way copyrighted material, trademarks or other proprietary information without obtaining prior written consent of the owner of such rights.
- You will not modify, adapt, sublicense, translate, decipher, or disassemble any portion of the Site or the services provided by Diaper-BOIS.
- You are responsible for all fees incurred to access the Site through an Internet Service Provider or other third party services.
Privacy and Use of Information
- We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties.
- We are not responsible for, and cannot control, the use by others of any information, which you provide to them, and you should use caution in selecting the personal information you provide to others through the Site.
- We cannot assume any responsibility for the content of messages sent by other users of the Site, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying the accuracy of the information provided by other users of the Site.
- You may not use the Site for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines, which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Site, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including profiles, public postings and messages, that we deem to violate the Online Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
Loss of Access to Service
We may terminate or suspend your access to all or part of the Site at any time, with or without notice, for any reason, including breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Site or the Internet by others may be grounds for termination of your access to all or part of the Site at our discretion, and you may be referred to appropriate law enforcement agencies.
The Site contain information, which is proprietary to us, our partners, and our users. We assert full copyright protection on the Site. Information posted by us, our partners or users of the Site may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without obtaining prior written consent from the owner of the information.
You agree that we are not responsible for suspension of the Site, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
You are responsible for all usage or activity on the Site by users using your password, including but not limited to use of your password by anyone else.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Site, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Site are distributed on an “as is” basis. We do not warrant that the Site will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Site. Where permitted by law, you acknowledge that the Site are provided without any warranties of any kind whatsoever, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Site is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Site by Diaper-BOIS, our partners or any user of the Site or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your own risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site by Diaper-BOIS or any user of the Site or any other service. Your continued use of the Site now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
The Site may from time to time include messages from an advice columnist who will respond to “relationship” questions. Any statements made by our advice columnist are provided for entertainment purposes only, and is not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counselor with respect to such issues.
We reserve the right to modify this Agreement at any time upon notification to you. Notification of changes in this Agreement will be posted on the Site or sent via e-mail, as we may determine. If you do not agree to any modifications, you should terminate your use of the Site. Your continued use of the Site now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
This Agreement is entered into in Ontario, Canada. You agree that the laws of the Province of Ontario will govern it and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement.
THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCE OF ONTARIO, CANADA.
© Diaper-BOIS, 2011.