Terms of Service
The following terms (“Terms of Service”) govern your access and use of www.ToscaReno.com (the “Website”).
eBooks are licensed from Tosca Reno Interactive Media, Inc. to the individual purchasing the eBook from ToscaReno.com . (“You”) and this license are subject to the full terms and conditions. This eBook is licensed to You for personal, non-commercial use. You may print portions or all of this eBook on paper, for personal study and reference. You may also make electronic copies for back up, or for use in association with up to four personal electronic devices, such as a desktop computer, laptop, tablet or smartphone. You shall not make digital or printed copies to share with others or for re-sale. You shall not make this eBook accessible, in whole or in part, to others for download. This eBook license cannot be transferred, sublicensed or sold.
The Website is owned and operated by Tosca Reno Interactive Media Inc. (references to “TRIM”, “we”, “us”, “our” are references to Tosca Reno Interactive Media Inc.). All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available on the Website or available via a link from the Website to a page created by TRIM on another website (collectively, the “Content”), are the sole property of TRIM and/or its licensors. All Content is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.
Use of the Content for any purpose not expressly permitted in these Terms of Service or otherwise consented to by TRIM is prohibited. You may download or print one copy of the Content to any single computer for your personal, non-commercial, informational use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of TRIM. To obtain written consent for such reproduction, please contact Tosca’s Support Team
FORUM REGISTRATION AND PASSWORDS
In order to participate in the Forum, you will be asked to create an account. You agree to provide true, current, complete and accurate information as requested on any account registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
As part of the registration process, you may choose a password and user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security.
CODE OF CONDUCT
This section contains the Website’s “Code of Conduct”. You must adhere to the Code of Conduct as a condition of your continued access to and use of this Website.
You agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing,
You agree not to:
(a) upload, post, e-mail or otherwise transmit any material that:
(i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(ii) infringes any patent, trade-mark, trade secret, copyright, publicity, or other proprietary or privacy rights of any party;
(iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or
(iv) contains any form of destructive software such as a virus, worm, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(b) send e-mails using our Website without the consent of the recipient;
(c) harvest or otherwise collect or store any information (including personal information) about other users of the Website, including e-mail addresses, without the express consent of such users;
(d) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
(e) impersonate any person or entity, including, but not limited to, a TRIM employee, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
(g) interfere with or disrupt networks or servers connected to the Website;
(h) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website; and
(i) facilitate or encourage any of the above conduct.
We do not pre-screen the user content posted or submitted to the Website, including user posts on our Forums (“User Content”). However, we reserve the right to edit, limit or remove any such User Content in our sole discretion.
Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
When participating in any publicly posted User Content on the Website, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. We will not be responsible for User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
We will not be responsible for any User Content deleted by us or otherwise, or for your inability to submit any User Content. Please remember that any information you disclose in these public forums or community areas becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas.
COMMENTS AND FORUM POSTS
We allow users to post User Content in public areas on our Website, and in Forums on our Website that are accessible to Forum members. In addition to complying with the Code of Conduct, by submitting User Content, you hereby warrant and represent that:
(a) the User Content is your original work,
created solely by you, and over which you have all necessary rights, title and interest, including copyright;
(b) all individuals appearing in the User Content have granted to you a worldwide assignable and sub-licensable licence in perpetuity to publish, display, reproduce, modify, edit or otherwise use any User Content, in whole or in part, for advertising or publicity/promotional purposes (including advertising or publicity/promotional purposes by TRIM) or for any other purpose whatsoever, without any compensation; and,
(c) you agree to indemnify and hold harmless TRIM from any claims arising from or related to a breach of these warranties and representations.
By making a post in our Forums, you agree as follows:
(a) you acknowledge that your post may be publicly featured and displayed by us on the Website without any compensation;
(b) you have the right and authority to, and do hereby, grant TRIM a non-exclusive worldwide assignable license in perpetuity to publish, display, reproduce, modify, edit or otherwise use your User Content, in whole or in part, for advertising or publicity/promotional purposes or for any other purpose whatsoever, without any compensation;
(c) you waive any and all moral rights that you may have in and to the content of the post; and,
(d) you agree to release and hold harmless TRIM from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property-related cause of action that relates in any way to our use of your User Content.
You also understand and agree that TRIM is under no obligation to display any comments or posts that you submit on the Website, and may edit or remove comments or posts at its sole discretion.
THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. The information on the Website is for informational and educational purposes only, and does not represent the practice of medicine, nor is it intended to diagnose, treat, or provide definitive disease management. Please consult a health care practitioner before starting any diet or exercise program. DO NOT USE ANY APPROACH DISCUSSED ON THE WEBSITE AS A SUBSTITUTE FOR THE ADVICE AND COUNSEL OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER. We are not responsible for any decisions or diagnoses which you might claim to come by based upon any content published on the Website. RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK.
LINKS TO THIRD-PARTY WEBSITES
We may offer links on the Website to websites owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING OUR GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIM DISCLAIMS ALL WARRANTIES WITH RESPECT TO ITS WEBSITE, PRODUCTS AND SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES WILL TRIM BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT, PRODUCTS OR SERVICES SOLD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIM
DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, THE CONTENT OR THE PRODUCTS OR SERVICES SOLD.
By using the Website, you agree to defend, indemnify and hold harmless TRIM, its licensors and partners and their respective employees, officers, directors, or agents from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of this Website, connection thereto, or any alleged violation by you of these Terms of Service.
You must be at least fourteen (14) years old to visit, post a comment on, participate in a forum, or become a member of a function on our Website. If you are over 14 years of age but under the age of majority in your province or territory of residence, you must have your parent or legal guardian’s permission to do so. TRIM reserves the right to confirm such consent at any time and to discontinue your use of our Website should such consent not be granted.
CHOICE OF LAW AND FORUM
These Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue. By using this Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.
These Terms of Service constitute the entire agreement between you and us with respect to your use of the Website. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation,
the indemnification and limitation of liability provisions.
CHANGES & TERMINATION
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
From time to time, we may also amend these Terms of Service by posting revisions on the Website with no additional notice to you. Please check back frequently to see the Terms of Service then in effect. Your continued access to and use of the Website will constitute acceptance of the amended Terms of Service. If you do not agree with these Terms of Service, or any future amendments, your sole recourse is to cease use of the Website.