| Source101
(”we”, “our”, “subsidiaries” or "Source101")
are solely owned and operated by Add Value International Inc. We provide
and maintain an Internet Web site (the "Site") for the benefit
of Users of our services ("you" or “User”).
Source101 is a directory portal website that showcases digital information
products and software provided by either Source 101 or our affiliates,
partners and subsidiaries (“they”, “them”) from
around the world to the. These services and products are offered to the
general public over the Internet.
We provide tools and processes on our Sites that allow you the visitor
to register as a member of Source101, download free e-books & software
programs, subscribe to our newsletter, refer a friend to our site, and
buy & use related products and services from our affiliate partners
and subsidiaries ("Service” or “Services").
The Services and usage of the Site are provided to you subject to the
terms and conditions set forth in this Terms of Use (“Terms of Use
Agreement”) and our Privacy
Policy, and any other rules, regulations and policies published on
this Site. The terms and conditions detailed below and any other rules
or policies set forth on this Site comprise the entire agreement between
you the user/visitor and Source101 and supersedes all prior agreements
between us.
1. ACKNOWLEDGMENT AND ACCEPTANCE.
PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING
THIS SITE. BY CONTINUING TO USE THIS SITE AND COMPLETING THE REGISTRATION
PROCESS (IF ANY), YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS
SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. YOU HEREBY ACKNOWLEDGE
THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY,
PLEASE EXIT IMMEDIATELY THEN REFRAIN FROM USING THIS SITE IN THE FUTURE.
2. USER RESPONSIBILITIES.
The Terms of Use place important obligations upon you. You agree to the
following responsibilities:
• Compliance with our Anti-Spam policy. Please see Section 6 below.
• Restrict all your actions to lawful use of the Services/Site.
Please see Section 7 below.
• You are required to create, update and maintain all content in
your account including but not limited to newsletter email address, membership
information, survey content (if any), email content, address books and
current billing and contact information.
• You are required to maintain Email list and Address Book information
including opt-out contact information and immediate removal of opt-outs
and bounces from email lists and the address book.
• You are responsible for on-time payment for all contracted purchases
from Source101 its affiliates partners and subsidiaries and any subscription/membership
fees.
• You take full responsibility for all activity associated with
your use of our Site and our Services.
• You must fully comply with all other obligations set forth in
this Terms of Use.
We reserve the right to deactivate your account(s) as we deem
appropriate or necessary, without notice. You enter and use the Site and
our Services entirely at your own risk. Source101 is not responsible for
your activities, surveys, content, results or questions from respondents,
other data, collected or any other matter concerning your use of the Site
or the Services. We recommend that you keep accurate records of your own
survey results and other data in your own personal records as we reserve
the right to discontinue your account(s) or terminate the Services at
any time. We are not responsible for the deletion of any data that is
in or has been added to your account(s). If a User account remains inactive
for a period of 12 months, we will deactivate the account.
3. MODIFICATION TO SERVICES PROVIDED; TERMS OF USE.
You acknowledge and agree that we may, with or without notice, modify
or terminate the Services and/or the Site. Furthermore, that we may modify
the Terms of Use from time to time, including the fees we charge for Services
(if any). Modifications of the Service may include, without limitation,
changes to the maximum allowable number of free newsletters, free memberships,
memory space, number of entries allowed in the Email List Manager, number
of survey responses, number of surveys, number of survey respondents and
number of survey questions that may be created, saved, sent or used through
the Site.
We
will notify you of changes we make to the Terms of Use by posting a notice
on our Site, or, if we so choose, by sending you an email. If you do not
accept the changes, you must terminate your subscription and/ or use of
our site at that time. Your use of the Site or the Services provided after
the notice has been posted (or we have sent you an email notification)
shall be deemed to be acceptance of the modification or termination of
the Services or the new Terms of Use.
4. PAYMENT TERMS & CANCELLATION.
You agree to pay all charges for your contracted purchases from our affiliates
partners and subsidiaries including any applicable taxes, at the rates
in effect when the charges are incurred. Source 101 or our affiliates/partners
may change the fees and charges in effect, or add new fees or charges,
by giving Users advance notice posted on our subsidiary or affiliate sites.
You must provide valid credit card information, and must promptly update
the Account Information with any changes in credit card validity or expiration
date. Your credit card information will be kept secure and confidential.
If
payment cannot be charged to the credit card you have on file with us,
we reserve the right to suspend or terminate your account and access to
the Services. We reserve the right to terminate your subscription
and/or discontinue Services at any time for any reason.
5. PRIVACY.
We are committed to protecting the privacy and confidentiality of the
personal information of Users. For more information on our Privacy Policy,
please click here. In using the Services and the Site, you also agree
to accept and to comply with our Privacy Policy.
6. ANTI-SPAM POLICY.
Source101, is a directory portal website that showcases digital informational
products and software. Source 101 is committed to being a trusted member
of the Internet community. As such, we have adopted these anti-spam policies.
To
help maximize the availability of our Services to our community of Users,
you the individual user acknowledges, warrants and agrees that:
• You will not engage in any spamming activities through your use
of the Services.
• You understand that Source101 is serving as "source host"
and is not the seller or the manufacturer/publisher/distributor/retailer
of the various products and services offered on our site, and that you
are therefore solely responsible for your emailing activities while using
the various Services of our affiliates and partners according to the responsibilities
outlined above.
• You warrant that you either have an ongoing business or personal
relationship with or have obtained consent to send referral emails from
Source101 to a friend on your own email list, inviting participation in
a survey, subscription or other activity on Source 101.
• Your use of the Site and Services must not violate any Canadian,
U.S. or foreign spamming, junk mail or other related laws or regulations
prohibiting or discouraging the dissemination of unsolicited email.
• If you engage in any unlawful spamming activity, Source101 will
report such conduct to the appropriate authorities and turn over any and
all information, including personally identifiable information and transaction
history to appropriate law enforcement persons or entities for investigation
and prosecution.
• We may request at any time that you provide proof that your email
recipients have agreed to receive referral emails from you. We may require
that you provide the names of a list vendor and documentation of specific
opt-in processes you or the vendors may have used to generate a list of
referral names.
We will terminate the account of any User determined to have used the
Services of Source 101 in connection with any spam email, redirection
of mail or who has otherwise breached the Terms of Use. Please be advised
that we may also terminate your account if your mailings result in high
bounce rates, a report or complaint of spam against the you the sender,
poor monitoring of recipient consents including lax address book and email
list management, or lack of compliance with our anti-spam guidelines.
We reserve the right to terminate your account(s) and your use of the
Services, without notice, if we believe your activities are not in compliance
with this Anti-Spam policy. We thank you for your compliance with our
Anti-Spam policy and your commitment to good emailing practices.
7. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:
• You will not transmit through the Service or the Site any pornographic,
obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful,
defamatory, racist, illegal or otherwise objectionable material or content.
• You will not send any transmission that attempts to hide your
identity or represents you as someone else (fictitious sender).
• Any attempt by you to transmit, publish or distribute material
or content that promotes, provides or relates to instructional information
about illegal activities or promotes physical harm or injury against any
individual or group is strictly prohibited.
• You will not use the Service or the Site to send any materials,
including surveys and requests to take surveys, to any persons under 18
years of age unless and until you have taken all necessary actions and
compliance pursuant to all applicable provincial, state and federal laws.
• You will not knowingly upload or distribute any files that contain
viruses, Trojan horses, adware, spyware, corrupted files or any similar
software or programs that may damage or interrupt the normal operation
of anyone else's computer, the Service or the Site of Source 101.
• You will not interfere or disrupt networks connected to the Service
and the Site of Source 101.
• Any attempt by you to gain unauthorized access to any computer
system, including accounts, lockers or databases maintained by and for
the use of Source101, is strictly prohibited.
• You will comply with all laws, rules and regulations regarding
transmission of high security technical data exported from Canada and
the United States.
If you engage in any illegal or banned activity set forth in the paragraphs
above or violate any terms or conditions of the Terms of Use, your account
will be terminated and use of the Service and Site will be restricted.
We will report any unlawful conduct to the appropriate authorities and
turn over any and all information regarding such activity to the appropriate
law enforcement agencies, persons or entities.
8. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE
IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, SOURCE101 EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SOURCE101 ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
SOURCE101 IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS
TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH
THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY
REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. SOURCE101 DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY
OF THE REGISTRATION INFORMATION SUPPLIED TO SOURCE101 NOR THE RESPONSES
OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO
SURVEYS. SOURCE101 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES
OR SURVEY RESULTS NOR DOES SOURCE101 WARRANT THE CORRECTNESS, USEFULNESS,
RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR
SURVEY RESULTS. SOURCE101 IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS
RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES
OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS
AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER
INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
SOURCE101 MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE,
ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES SOURCE101 MAKE ANY WARRANTY
AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE
OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT
THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA.
SOURCE101 MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO
THROUGH OR BASED UPON THE SERVICE OR THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SITE OR THROUGH
THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
NEITHER SOURCE101 NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS
OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PURCHASE OF GOODS AND
SERVICES FROM OUR AFFILIATES PARTNERS, YOUR ACCESS TO, USE OF, INABILITY
TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR
SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF
YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH
THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE
THE SITE IMMEDIATELY.
10a. PROPRIETARY RIGHTS.
Source101 owns the content including the graphics, names, text, software,
music, videos, sound, pictures, compilations, survey templates, surveys,
page layout, design, processes, procedures, magnetic translation, digital
conversion or other material contained in the Service and the Site to
the extent such content is provided and/or designed by Source101. It is
all protected by some combination of copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. No one may copy, reproduce,
distribute in any way, or decompile, reverse engineer or disassemble the
content. You are permitted a limited license to use the content of the
Service and the Site as authorized herein to make purchases of goods and
services from our affiliates partners, subscribe to our newsletter, register
as a member, refer a friend to Source101, participate in surveys (if any)
and view survey responses (if any) and survey results (if any) for your
personal use as an end product only, and you must at all times maintain
Source101's copyright symbol on the product (if any) or in any form or
medium. Modification or use of Source101's content in any prohibited way
is a violation of copyright and other proprietary laws. No one may copy,
reproduce, transmit, post, export, distribute or create derivative works
from this Site without prior express written authorization.
10b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY
MATERIAL.
You agree not to use, misuse or misappropriate any brand names, trademarks,
service marks, patents, images, text or other proprietary material or
content of another on or through the Service or the Site. If you use any
such proprietary material or content, by doing so, you warrant that you
have the right and authority to do so.
11. LINKS AND ADVERTISERS.
Source101 may provide advertising space and/or links and pointers to Internet
sites maintained by associated third parties. Source101 has not reviewed
all of the third party sites nor reviewed any and all products or services
they may provide. Source101 is not responsible for nor does it endorse
the contents or any products or services of such third parties or their
sites. SOURCE101 DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON OUR SITE. SOURCE101
DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES
THAT ARE EITHER ADVERTISED ON OUR SITE OR THAT ARE CONNECTED BY A LINK.
12. TERMINATION.
The Terms of Use and the Service may be terminated by Source101 at any
time at our sole discretion. Source101 shall not be liable to you the
user or to any third party in any way or manner for our decision to terminate
the Service. In the event you should become dissatisfied with the Terms
of Use or any future modifications thereof, or with the Service delivered
on our Site, your only recourse is to immediately discontinue use of the
Service, terminate your subscription (s), and give notice to us of these
actions. Upon termination, your right to use the Service and the Site
cease immediately and Source101 shall have no obligation whatsoever to
forward or make available to you any surveys, survey responses or survey
results.
13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Source101, its parent
entities, subsidiaries, affiliates, associates, officers, and employees,
from any and all claims and demands, including attorneys’ fees,
due to or arising from your use of the Service, surveys, survey responses,
survey results and any other conduct related in any way to the Service
or the Site, including but not limited to breaching any warranty or provision
contained in these Terms of Use.
14. JURISDICTION.
These Terms of Use and the relationship between you and Source101 shall
be treated as if you had entered into and executed a contract in the Province
of Ontario, Canada and shall be governed and construed in accordance with
the laws of the Province of Ontario, Canada, without regard to conflict
of law principles. You agree to submit to personal and exclusive jurisdiction
and venue of the courts in the cities of Toronto or Mississauga, Ontario,
Canada. Source101 makes no representation that the materials and content
on the Site or relating to the Services are appropriate or available for
purchase or use in other locations, and accessing them from territories
where their contents are illegal is strictly forbidden. Those who access
the Services or the Site from other locations do so on their own initiative
and at their own risk and are responsible for compliance with local laws.
Any claim or demand under these Terms of Use must be made within 1 year
of the occurrence of the underlying facts.
15. NATURE OF AGREEMENT.
You agree that your completion of the registration procedure constitutes
agreement to the Terms of Use and our Privacy Policy. Further, the Terms
of Use are the entire and only agreement between you the user and Source101
and supersede any prior or other understandings, representations or warranties.
You agree that each use of the Services and the Site reaffirms your acknowledgment
and agreement to the Terms of Use.
16. UNSOLICITED SUBMISSION.
Source101 welcomes comments regarding the products and/or services of
this site. However, our policy is not to accept or consider creative ideas,
suggestions, or materials other than those we have specifically requested
or solicited. We hope you will understand that it is the intent of this
policy to avoid misunderstandings when projects developed by our staff
are similar to someone else's creative work or thoughts. Accordingly,
we must ask that you NOT send us any such ideas. We do value your feedback
about our services and products we choose to promote, but we request that
you be specific in your comments about those services and products, and
we further request that you NOT submit any creative concepts, ideas, suggestions
or materials. If, in spite of our requests NOT to do so, you send us creative
suggestions, ideas, notes, drawings, concepts or other information (collectively,
the "Information"), the Information shall be deemed, and shall
remain, the property of Source101. None of the Information shall be subject
to any obligation of confidentiality on our part and we shall not be liable
or owe any compensation for any use or disclosure of the Information,
other than such liability as arises out of the copyright or patent laws
of the Canada. Unsolicited information will be considered to be already
in the public domain and is not subject to any privilege or proprietary
rights.
17. GENERAL PROVISIONS.
In any dispute arising from the relationship between you the user and
Source101 or the Terms of Use, the prevailing party shall be entitled
to reasonable attorneys’ fees and costs. The failure by Source101
to enforce any right or provision under these Terms of Use shall not constitute
a waiver of that provision or any other provision of these Terms of Use.
If any provision of these Terms of Use shall be determined to be invalid
or unenforceable by a court of competent jurisdiction, all the other provisions
shall remain in full force and effect. |
