Terms and Conditions
The following Terms and Conditions describe the terms and conditions that apply to the use of the Blackspark Corporation website (the “Website”). These terms may be amended at any time and the posting of these amended terms on the Website shall constitute notice thereof. Except as stated below, all such amended terms shall be effective immediately upon such notice.
By using the Website you agree to be bound by these Terms and Conditions. If you do not agree with any of these terms or conditions don’t use the Website.
Usage of the Website is at the user’s sole risk. All information on the Website is provided on an “as is” and “as available” basis. Blackspark Corporation makes no warranties or representations concerning the reliability, accuracy or likeliness of results of the use of the information, including any related graphics, on this Website or otherwise relating to such information or on any sites linked to this Website. Blackspark Corporation makes no warranties or representations that access to the Website will be uninterrupted, secure, or error-free. Any information downloaded or otherwise obtained through the use of the Website is done at the user’s discretion and risk and the user will be solely responsible for any damage to their computer system or loss of data that results from downloading such information.
In no event will Blackspark Corporation be liable for any damages whatsoever, including special, direct, indirect, incidental or consequential damages, arising out of, or in connection with, the use of; or performance of; or the information available or referred to on; the Website, including, but not limited to, damages for loss of profits or revenues suffered by the user, its clients, employers or third parties, howsoever caused and resulting from, but not necessarily limited to, breach of contract, tort, negligence or other legal statutory or equitable grounds, even if Blackspark Corporation has been advised of the possibility of such damages.
All information published or otherwise accessible through this Website, including but not limited to, news articles, text, photographs, images, illustrations, audio clips, software and other information (the “Content”) is protected by copyright, trademarks and/or other rights and laws, and are owned or controlled by Blackspark Corporation or its licensors. Parts or sections of the Website may be provided to Blackspark Corporation under license. The copying, reproduction or publication of any part or section of the Website is strictly prohibited, unless expressly authorized in writing by Blackspark Corporation You agree to abide by all additional copyright notices, guidelines and restrictions contained in any content, and in any content accessed through the Website.
The trademarks, logos and service marks, including but not limited to “Blackspark” and other names, logos and icons identifying Blackspark Corporation’s products and services and such other product, names, logos and icons of third parties (collectively the “Trademarks”) displayed on the Website are registered and unregistered trademarks of Blackspark Corporation and third parties. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the express written consent of Blackspark Corporation or such third party that may own the trademarks displayed on the Website. Any misuse of the trademarks displayed on the Website, or any other Content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also hereby advised that Blackspark Corporation will aggressively enforce its intellectual property rights to the fullest extent of the law.
While visiting the Website you may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining express permission of the copyright owner or right holder; or otherwise use the Website in a manner which is contrary to law, including the posting or transmitting of any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
You agree to defend, indemnify and hold Blackspark Corporation and its affiliates and related companies, directors, officers and employees, harmless from any and all liabilities and costs, including reasonable legal fees, related to any violation of these Terms and Conditions by you or users of your account or in connection with the use of the Website or the placement or transmission of any information on the Website by you or users of your account.
Blackspark Corporation has not reviewed the web sites linked to, or linked from, the Website and is not responsible for the contents of any such linked web site. Blackspark Corporation makes no representations or warranties whatsoever about any such linked web site. When you access a non-Blackspark Corporation web site, you understand and acknowledge that it is independent from Blackspark Corporation, that Blackspark Corporation has no control over the content on any such web site, and that Blackspark Corporation does not assume any responsibility or liability for any communications or materials available at such web site and does not endorse the content, or the use, of such web site. Use of any such linked web site is solely at the user’s own risk. Blackspark Corporation reserves the sole right to either modify or discontinue operation of the Website, including any features therein at any time with or without notice to you.
You agree that Blackspark Corporation may in its sole discretion terminate or suspend your access to all, or any section or part of, the Website for any reason, including without limitation, breach of these Terms and Conditions. Should you object to the Terms and Conditions or any subsequent modifications thereto, or become dissatisfied with the Website in any manner, your only recourse is to immediately discontinue your use of the Website.
These Terms and Conditions, including any and all documents referenced herein, constitute the entire agreement between Blackspark Corporation and you with respect to the subject matter hereof. Blackspark Corporation’s failure to insist upon, or enforce strict performance of, any provision of these Terms and Conditions shall not be deemed a waiver of any provisions or rights. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be construed to be severable. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties have required that these Terms and Conditions and all related documents be drawn up in English. Blackspark Corporation has no obligation to monitor this Website. However, you agree that Blackspark Corporation has the right to monitor this Website electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate this Website properly, or to protect itself or its users. Blackspark Corporation reserves the right to refuse to post or to remove any information, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.