Terms of Use | Digital Magazine

Overview

These Terms of Use (the “Terms”) are an electronic contract between You and Techvibes Inc. operating as “Digital” (“Digital” , “Us” or “We”) and govern your access to use of and participation in content, products, goods, offerings, technology, events, software, applications or other services offered or made available by Digital to You (collectively, the “Services”).

By accessing, viewing, downloading, using the Services or registering with Digital, you agree to be legally bound by and comply with the Terms and that use by You of the Services is subject to and conditional on the Terms.

Account Registration
You may need a username and to open an account to use or subscribe to Services or register with Us to participate in the Services To subscribe and/or open and maintain an account You: (a) certify that you are older than thirteen (13) years of age; (b) agree to only use the account for personal use; (c) agree to provide accurate information at all times; (d) agree to maintain security and control over your password and access to and use of the account and Services; (e) agree that your use of the account and the Services is subject to these Terms; and (f) accept all risk and responsibility associated with your use of the account and the Services including loss of data, loss of personal information, delay or lack of access to the Services, damage to or loss of property, personal injury or death. We may deactivate any account that is inactive. You are authorized to open a single account and may not open multiple accounts for any reason. If You register an account on behalf of a business or organization, You confirm that you have the authority to bind your organization to any payment obligations and to these Terms.

Use of Our Services
You agree that in your use of the Services You will:

Comply with applicable laws and regulations and not participate in or assist or permit any prohibited or illegal or offensive activities or conduct by any party;
Protect your username and password and access security and to notify us if you are aware of a security breach or prohibited or illegal activity in relation to the Services;
Never post content with graphic or explicit descriptions of sexual acts or that could be offensive, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or violate any hate or human rights laws or regulations or standards;
Not engage in activity that could be harmful or offensive to Digital, other users, clients, advertisers, affiliates, vendors, or any other party;
Not use any automated process or technology to access or use the Services or to capture (“scrape”) data or content from any Service; and
Not use any technology or process to damage, disable, impair, or otherwise affect the integrity or availability of the Services or technology, data, or content connected to the Services.
Not violate Our intellectual property rights including copyright and trade-marks or those of any of our partners, advertisers or affiliates.

We reserve the right at any time without notice to take any action including suspension or deactivation of any account, content, Services or user to protect the integrity of the Services and to enforce these Terms.

Advertising and Electronic Messages, Privacy
The Services may include displayed or other advertising which you agree to receive as a condition of using the Services, on any device or technology you may use to access or use the Services. You further agree and consent that by registering with us or setting up or maintaining an account, we may send you commercial electronic messages in the course of delivering or promoting the Services or new or updated Services. If you are an advertiser, you represent and warrant you have all necessary authority to post advertising under your account and bind your organization to any payment obligations and to these Terms. These Terms, Your use of the Services, and our relationship with You are subject to our Privacy Policy found at www.borndigital.com/privacy.

Use of Content and Trademarks
Content in the Services is created and supplied by us or by third parties who supply or license it to us. We and such third parties own all rights, title, and interests in that content and in any compilation, collective work or derivative work created by us using or incorporating this content and you obtain no rights in such content except a personal limited license to use such content for personal purposes solely as necessary to use or participate in the Services and for no other purpose.

The Services and content made available as part of the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and may contain Digital rights management features intended to protect a party’s proprietary rights in such content. You will not violate or interfere with Our or any party’s rights in such content and You will not seek or assist any other party to defeat or avoid any mechanisms for preventing the unauthorized reproduction or distribution of content. You may not use the content in a manner that exceeds the rights granted for your use of the content nor may you copy or distribute the content or create a derivative work unless you are authorized by Us in writing in advance.

All Content and Services are Provided “As Is”
The content provided on the Services, including any content posted by users or third parties, is for general information purposes only and We make no warranty, representation or guarantee of any nature regarding the Services or any content available through them We do not endorse any opinion expressed by any user, advertiser or third-party content provider.

ALL CONTENT IS POSTED AND SERVICES PROVIDED “AS IS”. USE OR RELIANCE BY YOU ON ANY CONTENT OR SERVICE IS ENTIRELY AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT AND YOU RELEASE US FROM ANY SUCH CLAIM.

You may not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements or design features. Without limiting this, you agree and acknowledge that We are the exclusive owner of the trade-marks “Techvibes”, “Digital”, “TECHFEST”, “CANADA START UP AWARDS” and such other trade-marks as may appear in the Services from time to time and that you will no directly or indirectly challenge or assist any third party in the challenge of Our rights under this provision. You reconfirm and ratify these rights and all rights in these Terms by using and continuing to use the Services.

Use of any RSS or other feeds provided as part of the Services is subject to these Terms. You may not remove or alter any attribution, links or content. Such fees may be discontinued at any time in Our sole discretion.

Content You Post
You may post content to the Services provided that You created and own or are authorized to use the rights to the content and the content does not violate the intellectual property or other rights of any third party and does not otherwise violate these terms or any posting policies that may apply. We reserve the right to remove any content for any reason at any time without notice to You. By posting content to the Services you grant us and our assigns, agents, affiliates, partners, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate or share this content in any medium and through any form of technology or distribution. You acknowledge that we own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content, in which You retain ownership rights subject to the license and other rights granted in this provision). You are legally responsible for content you post to the Services and assume all risk and liability associated with posting content, including any personal information about yourself or others or content that is unlawful.

No Spam or Commercial Electronic Messages
You may not use or allow others to use your username or account to send or conduct e-mail, instant message, voice mail, fax, spam via chat, phishing, or any other unsolicited communication or to harvest, collect, or aggregate information or data.

Subscription or Fee-Based Services, Billing
The Services may include subscription or fee-based offerings which will be subject to these Terms and an special terms that may apply for such Services. If you register for such Services, you will designate a payment method and provide us with accurate billing and payment information which you undertake to keep valid and up to date. You will be billed for such Services through the payment method established. You agree to pay Us for all charges incurred in your account, including any applicable taxes, fees, surcharges or authorized third party fees or charges. You irrevocably authorize and direct us to charge your designated payment method for these charges or if your designated payment method fails then we may charge any other payment method you have on file with us or otherwise take any necessary steps to collect such fees or charges. You authorize and direct us to retain account and payment information associated with your account. Unpaid amounts are payable on demand.

Where applicable, you authorize and direct payment in advance and/or on a daily, monthly, yearly, lump sum, milestone, event, or other basis. We may post charges to your payment method individually or aggregate charges for some or all of your fee-based Services with us in our sole discretion. Each instance that you use a fee-based Service, you reconfirm the terms of this provision and that (a) We are authorized to charge Your designated payment method; (b) We may submit charges incurred under Your account for payment; and (c) You will be responsible for such charges, even if the corresponding account is canceled by You or terminated by Us. Trials, discounts or promotions may be terminated or varied by Us in our sole discretion at any time. All charges are non-refundable. Subscription or fee-based Services may be changed or discontinued by Us at any time in our sole discretion.

Pricing fees and billing methods may be changed by Us at any time on thirty days notice to You. If you disagree with any proposed change you may cancel your subscription or fee-based Service before such change takes effect. Your continued use of the applicable Services after the change takes effect constitutes your agreement and ratification to continue the Services and these Terms with the changes in effect and binding on You. Delinquent accounts may be terminated at any time without notice to You. Overdue accounts are subject to a 2% per month late charge. You are liable for our costs including attorney’s fees on a full indemnity basis incurred in collecting any overdue accounts or enforcing these Terms. You are liable for all charges incurred under your account, including applicable taxes, fees, surcharges, and orders made by You or anyone you permit to use your account or who accesses your account as a result of failure by You to protect your username, password, or other authentication credentials or information. Any billing problem or dispute or discrepancy must be raised and brought to our attention within ninety days after it appears on your billing statement, failing which you irrevocably waive your right to dispute such problem, dispute or discrepancy.

Platform License
We grant you a limited, personal, non-exclusive, non-transferable, license to install (where applicable) or access our technology Platform on a device from which you wish to access the Services and to use the Platform to connect to and use our Services. We may provide automatic upgrades of our technology and Platform in our sole discretion and which may not be consistent across all platforms and devices. You accept and will take no action to interfere with any such automatic upgrades and changes to our technology or Platform. “Platform” for the purposes of these Terms refers to the software, IT infrastructure, APIs, software developer kits, urls, and any related information technology operated by us to support and deliver the Services. You may not use the Platform for any purpose except as under under the Services and permitted under these Terms. You may not sell, host, integrate, or incorporate the Platform (or any portion of it) into any other product or services without our written consent. You may not reverse engineer, decompile or disassemble the Platform or otherwise attempt to derive any source code (except where expressly permitted by law) or any communications protocol or tools for accessing our Services or the Platform. You may not modify, adapt or create derivative works from the Services or Platform or remove proprietary notices in the Services or Platform.

Exporting of Content or Services
Your use of the Services must comply with applicable import and export control laws and regulations of Canada, the United States and other countries. You must not transfer or convey by electronic transmission or otherwise any content, data, or technology subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without firstly obtaining and complying with any applicable government authorization. You must not upload data or software or other other technology or content to our Services that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.

Publicity

You consent to the use of your name, image, and likeness by Digital for marketing and promotional purposes associated with Digital in any format without any compensation or consideration. If you are an enterprise or corporate client of Digital, the foregoing shall include use of your corporate name, logo, or trademark and use of any individual participant’s name, image or likeness unless we are notified otherwise in advance of your use of the Services. If you are an individual participant or ticketholder to a Digital event, by purchasing a ticket or participating in the event and associated Services you confirm your consent and agreement to this provision and these Terms.

Disclaimer of Warranties and Limitations on Remedies and Liability

In this section, “Released Parties” means Digital and its owners and affiliates and their officers, directors, employees, agents, service providers, suppliers, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TECHBIVES AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY OR THROUGH THE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, SAFETY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY DATA OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY AND INDEMNIFICATION

Digital and its owners, suppliers and their personnel are not liable for anything that happens to you that may be connected to your use of the Services. You may be responsible for our legal fees and costs arising out of your use of the Services or any breach by You of these Terms.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE THE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF DIGITAL SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON DIGITAL SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO DIGITAL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, DIGITAL AND ITS SUPPLIERS AND LICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL SERVICE OR YOUR USE OF DIGITAL SERVICES OR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 OR THE VALUE OF SERVICES ACTUALLY PAID FOR BY YOU RELATING TO THE CLAIM.

You agree to defend, indemnify, and hold harmless Digital and its owners and suppliers and their officers, directors, affiliates, suppliers and licensors from and against any claims, actions, or demands from You or any third party, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Services, (ii) your use of or reliance on any third party or Digital Content, or (iii) your breach of these Terms.

Digital Events – Additional Terms. Without limiting the any of the of the other provisions in these terms, where Services include an event (including but not limited to Techfest), or event sponsorship the following additional terms shall apply to the applicable Order or your participation in the event. “We” or “us” refers to Techvibes Inc. and “You” means the event Sponsor and those permitted by it to access the Venue or an individual event ticket holder or participant as the case may be:

You are granted a limited, revocable license to use the Venue and common spaces leading to the Venue to access and use the Venue in accordance with your Order or ticket purchase but for no other purpose. You assume all risk and responsibility for compliance with the Terms on behalf of any persons permitted by You to access or use the Venue. Your emergency contact will be the contact person provided in the Order.
You will conduct yourself in a professional and lawful manner at all times and will not do anything that constitutes a danger, nuisance or annoyance to any other party using the Venue. You will comply on site with all reasonable instructions of Digital. You will notify us immediately if you become aware of any incident, hazard or danger affecting the Venue or building or involving injury or damage to any person or property.
You are required to clean your area of the Venue after the event and restore it to its original condition, including the removal of any trash that may have accumulated in your area during your event.
We reserve the right to enter and inspect the Venue and your compliance with these Terms. We reserve the right to terminate your right of access to Venue at anytime for breach of these terms. If there is some reason we cannot let you use the Venue we will do our best to notify you as soon as possible.
You are solely and entirely responsible for any and all damages which may occur to the Venue or any part of the building caused by You and You will be required to pay for any such damages at the discretion of Digital.
The following terms are applicable to event sponsors (including event sponsors) and space rentals:
If required in the Order, you must provide us with confirmation that you have a licensed or insured security guard for your event at least seven business days prior to the event date.
Food and beverages may be served on prior arrangement by you or us.
If provided for in the Order, if you intend to serve alcohol you must provide us with a valid Special Occasion Permit (SOP) prior to your event. You must have qualified Servers with valid “Smart Serve” certification. The person named in the SOP is present throughout the event. The SOP must be posted on the day of the event and a head count conducted to ensure compliance with the SOP. You must comply with all laws, regulations and rules applicable to alcohol service including checking identification for age. You assume all risk for “social host” liability related to the service of alcohol and specifically agree to indemnity Us under section 11 below for any such liability.
If requested you must provide us with: (a) proof of a current general liability insurance policy with a minimum limit of $2,000,000 applicable to your use of the Venue (including the service of alcohol if applicable) and/or (b) a certificate of insurance naming Digital Inc, Konrad Group Inc., and Quantum Coffee Corporation as insured parties. Event liability insurance is available at www.palcanada.com.
We shall not be liable for any injury or damage, including death to any party, or for loss, theft, or damage to Your property or that of any party permitted by you to use the Venue, in any way arising from or related to Your use of the Venue or common areas.
Without limiting the foregoing, You agree to indemnity and hold harmless Us, our affiliated companies and their officers, directors, employees, and agents from any and all liability, claims, demands, causes of action, loss, costs, damages or expenses (including legal expenses) due to or arising out of any act, omission or negligence of any party in connection with your Order, use of the Venue or any breach by You or those permitted by you to use the Venue of these Terms. WITHOUT LIMITING THE FOREGOING OR ANY OTHER TERM OF THIS AGREEMENT, IF YOU ARE A SPONSOR, PARTICIPANT, OR TICKET HOLDER IN ANY EVENT, INCLUDING TECHFEST, YOUR SOLE REMEDY IS REPLACEMENT OF ANY DEFECTIVE SER ICES AND OUR MAXIMUM TOTAL LIABILITY IS RETURN OF ANY FEES ACTUALLY PAID BY YOU TO US.
Subject to specific terms for specific events, individual paid tickets for events may be transferred to another party provided such transfer is effected: (i) using the approved transfer method prescribed by Digital and (ii) such transfer is completed more than 72 hours before the start time of the applicable event (at which time all tickets are non-transferable and may only be used by the registered ticket holder).
The foregoing terms and these Terms generally shall be read as applicable to event sponsors, parties renting spaces, and individual event participants using a purchased or free ticket.

Applicable Law, Dispute Resolution, Waiver of Jury Trial or Class Action Rights
These Terms and any dispute by You under them or relating to Your use of the Services shall be exclusively governed by the laws of Ontario, Canada and the federal and provincial laws applicable therein. Any dispute or claim regarding Your use of the Services shall be exclusively resolved by private individual arbitration conducted at Toronto, Ontario before a single arbitrator in accordance with the Arbitration Act of Ontario. In the event of dispute or claim, prior to proceeding to exercise your right to arbitration, you must (a) deliver to Digital notice in writing setting out the basis of your dispute or claim and (b) participate for a period of no less than sixty days in good faith negotiation with Us to seek to resolve your dispute or claim. In the event of arbitration, the successful party shall be entitled to an award of their costs including attorney’s fees on a full indemnity basis. Notwithstanding the foregoing, a party may apply to a court of competent jurisdiction to enforce any order of an arbitrator and/or to seek equitable, injunctive or mandatory relief or order to restrain any actual or threatened breach of this Agreement.

Any proceedings to resolve or litigate any dispute in any forum shall be conducted solely on an individual basis. Class arbitration, class action, private general action, consolidation of Your dispute or claim with any other arbitrations or other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are explicitly waived by you, and an arbitrator or court will have no jurisdiction to hear such claims. In the event a court or arbitrator of competent jurisdiction finds the class action waiver in this section is unenforceable as to all or some parts of a dispute, then such waiver will not apply to those parts and they will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will likewise be severed with the remainder of this section remaining in full force and effect. To the extent permitted by applicable law, any claim or dispute under these Terms must be commenced and filed within one year from the date you notify us of a claim or dispute, after which any claim based on such subject matter is permanently barred.

General
These Terms and any additional terms as communicated from time to time constitutes the entire legal agreement between You and Us and replace and supersede any prior agreements between you and Us.

We may modify this these Terms from time to time as provided for herein and if You do not agree to the changes then you may cease using your account and the Services. Continued use by you Services or subscription to a Service after the effective date of any changes constitutes your agreement to such changes. We may assign this contract at any time without notice to You. You may not assign this contract to any other party. Registrations, agreements, and terms provided by us electronically to You have the same effect as if in writing and are legally enforceable as a duly signed instrument.