Terms and Conditions – A List Profiles

WEBSITE TERMS OF USE

Last modified on April 2, 2017

Introduction and Acceptance

Welcome to the A List Profiles website located at https://AListProfiles.com/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit. By visiting and/or using the Website you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).

The Website is owned and operated by A List Profiles, a division of Park 59 Media, a duly incorporated Canadian company. Where the present TOU refer to “A List Profiles”, they may refer to Park 59 Media. and/or its officers, directors, employees, agents or representatives, depending on the context. In these TOU, a Website visitor may be referred to as “you”.

A List Profiles reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.

The TOU should be read in conjunction with the Privacy Policy as both these documents govern your use of the Website. In addition, if you sign up to use certain A List Profiles service, you may be required to have a dubdub account and/or execute a separate service agreement.

If you have any questions about the TOU, please contact:

A List Profiles

hello@AListProfiles.com

or:

A List Profiles

810 Bathurst Street

Toronto, Ontario

Canada

M5T 2R8

General Code of Conduct for Use of the Website

By visiting and / or using the Website, you agree to:

Not use the Website in any manner that in any way violates these TOU;
Not use the Website in any manner that violates any intellectual property rights of A List Profiles or any third party;
Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to A List Profiles or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of A List Profiles, other Website users, or any other third party;
Not: (1) take any action that imposes or may impose (as determined by A List Profiles in its sole discretion) an unreasonable or disproportionately large load on A List Profiles’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures A List Profiles may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
Use the Website in good faith, and in compliance with all applicable local, provincial, national, and international laws.

External Links

From time to time A List Profiles may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. A List Profiles provides those links as a convenience to you and A List Profiles takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and/or Privacy Policy of any website or service you visit. A List Profiles does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

In no way will A List Profiles be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to A List Profiles, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of A List Profiles, or as permitted by the functionality of the Website or these TOU or the Services Agreement (where applicable). Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and A List Profiles may take action accordingly.

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party computer code. For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.

If you choose to communicate to A List Profiles suggestions for improvements to the Website or any product or service mentioned on the Website (collectively, “Feedback”), A List Profiles shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to A List Profiles and waive in favor of A List Profiles, its successors and assigns all your moral rights in the Feedback, and agree to provide A List Profiles such assistance as A List Profiles may require to document, perfect, and maintain A List Profiles’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to A List Profiles, you are not entitled to any compensation or reimbursement of any kind from A List Profiles under any circumstances.

Interruption of Service

From time to time, the Website may be unavailable for brief periods of time for maintenance and/or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, A List Profiles shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.

Termination of the Website and the TOU
You agree that A List Profiles, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if A List Profiles believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or the Services Agreement (where applicable).

A List Profiles may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that A List Profiles shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from A List Profiles’s termination of the Website or any part thereof.

Termination of the Website or your access to the Website shall terminate the present TOU as between you and A List Profiles. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by A List Profiles or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from (i) your use of the Website, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.

The information or resources provided through the Website, written or produced by A List Profiles staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and A List Profiles shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.

A List Profiles expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. A List Profiles, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded therefrom will meet your requirements.

Limitation Of Liability
A List Profiles shall not be liable and assumes no responsibility for any loss or damages arising from or in relating to the information on the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website, or any third party materials on the Website.

To the maximum extent permitted by law, in no event will A List Profiles, its shareholders, officers, directors, employees, licensors, suppliers, subcontractors or agents: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or your use, misuse or inability to use the Website, even if A List Profiles has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

Notwithstanding anything to the contrary in the TOUs, in no event will A List Profiles’s aggregate liability for any claims in connection with your use of the Website exceed the higher of (i) CAD$ 100 or (ii) the fees paid by you to A List Profiles during the 12-month period preceding the event from which the liability arises.

Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by A List Profiles or its agents or subcontractors, you agree to indemnify, defend and hold harmless A List Profiles and its officers, directors, shareholders, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information thereon or information downloaded therefrom; (ii) your participation in any activities arising from the Website or the information thereon or information downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

Governing Laws and Jurisdiction
The use of the Website shall be governed by and construed in accordance with the laws of the Province of Ontario in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and A List Profiles shall be brought exclusively in the courts located in the Judicial District of Toronto (Ontario), Canada. The foregoing choice of jurisdiction and venue shall not prevent A List Profiles from seeking injunctive relief with respect to a violation of intellectual property rights, enforcement or recognition of any award or order in any appropriate jurisdiction. You and A List Profiles expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU nor to any dispute arising therefrom.

Miscellaneous Provisions

The TOU, in conjunction with the Privacy Policy and the Services Agreement (where applicable), constitute the entire agreement between you and A List Profiles with respect to your use of the Website, superseding any prior agreements between you and A List Profiles.

A List Profiles shall not be liable for any failure to perform its obligations under the present TOU or the Services Agreement (where applicable) where such failure results from any cause beyond A List Profiles’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.

If any provision of the TOU or Privacy Policy or the Services Agreement (where applicable) is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy or the Services Agreement (where applicable), as the case may be, shall remain in full force and effect.
The section titles in the TOU and Privacy Policy or the Services Agreement (where applicable) are for convenience only and have no legal or contractual effect.