Terms and Conditions of Use
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE PROMPTLY EXIT THIS SITE.
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ABOUT PARTNERPEDIA
Partnerpedia is an online partnering community designed solely for technology organizations hosted at www.partnerpedia.com ("Site"). Partnerpedia is owned by Partnerpedia Solutions Inc. (collectively "us", "we" or "Company"). The services offered by Partnerpedia include the Site and any other features, content, or applications offered at any time and from time to time by Partnerpedia in connection with the Site (collectively, the "Services"). -
ACCEPTANCE
THE TERMS AND CONDITIONS OF USE ("TERMS") ARE A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, CONTENT USER, VISITOR, AGGREGATOR, SELLER OF CONTENT, PURCHASER OF CONTENT OR PURCHASER OF ANY PARTNERPEDIA SERVICE) ("YOU", "YOUR", "USER") AND PARTNERPEDIA SOLUTIONS INC. BY USING THE SITE OR SERVICES, YOU AGREE THAT YOU UNDERSTAND THE TERMS, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THESE TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE AND ANY SERVICE PROVIDED BY PARTNERPEDIA AS USED HEREIN, "SERVICES" INCLUDES USE OF ANY VERSION OF ANY PARTNERPEDIA SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE SITE OR SERVICES.Although Partnerpedia attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies, and other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third-parties. In the event that an inaccuracy arises, please inform Partnerpedia so that it can be corrected. Information contained on the Site may be changed or updated without notice. Partnerpedia does not guarantee the integrity or accurateness of any content uploaded to the site by any user or by any other third-party, including, but not limited to, the Content (as later defined), and Partnerpedia shall not be responsible for any Content uploaded to the site by any user, or by any other third-party. -
PROPRIETARY RIGHTS
Partnerpedia does not claim any ownership rights in any Materials that you submit, post, or display on or through the Services or on the Site. After submitting, posting or displaying Materials on or through the Services or on the Site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Services, you hereby grant to Partnerpedia a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Services.Without this license, Partnerpedia would be unable to provide the Services. The license you grant to Partnerpedia is non-exclusive, fully-paid and royalty-free, sub-licensable and worldwide. The license does not grant Partnerpedia the right to sell your Materials, nor does the license grant Partnerpedia the right to distribute your Materials outside of the Services. You represent and warrant that: (i) you own the Materials posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Services.Partnerpedia Solutions Inc. and its affiliates and licensors own and retain all rights in the Site and Services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, (6) design presented through and as part of the Services by Partnerpedia, and (7) Content. Except as expressly authorized by Partnerpedia, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Partnerpedia's proprietary information. Partnerpedia grants you a limited license to access and use the Site and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You have no right to upload or publish the Content, except your Material, onto any other site or to use the information in another database or otherwise compile the Content.No Content, except your own Material, may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Any use of the Site, Services or Content is strictly prohibited and your license immediately terminated. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. -
ACCURACY
The Site and Services rely on you submitting true, accurate and complete information and updating your information to keep it current. -
CHANGE OF TERMS
We may revise these Terms at any time and from time to time, and by your continued use of the Site you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your responsibility to periodically visit the Terms and Conditions link at the bottom of the Site to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time and from time to time, without prior notice to you. -
ELIGIBILITY
Membership in the Services is void where prohibited. The Site is intended solely for technology organizations. At a minimum, users must be thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under thirteen (13) is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Site, you represent and warrant that you are thirteen (13) years of age or older. -
ACCOUNT RESPONSIBILITY
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Partnerpedia of any unauthorized use of your password or account or any other breach of security. Partnerpedia cannot and will not be liable for any loss or damage arising from your failure to comply with this section. -
TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Partnerpedia or other third parties. Users are not permitted to use these Marks without the prior written consent of Partnerpedia or such third party which may own the Mark. -
USER CONTENT
The Services are made available for your personal, non-commercial use only. You may not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the Site. "Content" is designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement which is the proprietary property of the Partnerpedia, its users or its licensors with all rights reserved, including Material.We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms. Further, under no circumstances does Partnerpedia have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any user's use of the Services. -
DIGITAL MILLENNIUM COPYRIGHT ACT
It is Partnerpedia's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Partnerpedia will promptly terminate without notice any user's access to the Site and/or Services if that user is determined by Partnerpedia to be a "repeat infringer." A repeat infringer is a user who has been notified by Partnerpedia of infringing activity violations more than twice and/or who has had user-submitted content removed from the Site and/or Services more than twice. -
TERMS OF SALE
If you are purchasing any Services or products from Partnerpedia, those Services and products shall be subject to Partnerpedia's Terms of Sale which can be found here. -
LINKS OR POINTERS TO OTHER SITES
Partnerpedia makes no representations whatsoever about any other Web site that you may access through the Site. When you access a non-Partnerpedia site, please understand that it is independent from Partnerpedia, and that Partnerpedia has no control over the content on that Web site. In addition, a hyperlink to a non-Partnerpedia Web site does not mean that Partnerpedia endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Site, you do this entirely at your own risk. -
PRIVACY
Information that you provide or that we collect about you and your organization, in connection with your access to and use of the Site, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. Click here to access our Privacy Policy. -
DISCLAIMERS
Partnerpedia is not responsible or liable in any manner for any Content, Material, or third-party applications or software posted on the Site or in connection with the Services, whether posted or caused by you or other users of the Site, by Partnerpedia, by third-parties, or by any of the equipment or programming associated with or utilized in the Site or the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any Content, Material, or third-party applications, or software. Partnerpedia is not responsible for the conduct, whether online or offline, of any user of the Site or Services.The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Partnerpedia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. Partnerpedia is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including, but not limited to, injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Partnerpedia be responsible for any loss or damage, including, but not limited to, any loss or damage to any Content, any Material, or personal injury or death, resulting from anyone's use of the Site or the Services, any Content, any Material, or third-Party applications or software posted on or through the Site or the Services or transmitted to users, or any interactions between users of the Site, whether online or offline.THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICES, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PARTNERPEDIA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. -
LIMITATION OF LIABILITY
PARTNERPEDIA AND ITS AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD-PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR TERMS TO THE CONTRARY, ALL LIABILITY OF PARTNERPEDIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS UNDER THE TERMS OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (I) ONE HUNDRED DOLLARS (US$100) OR (II) THE MONEY PAID TO PARTNERPEDIA FOR SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY. THIS LIMIT OF LIABILITY FOR PRODUCTS AND SERVICES IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). -
TERMINATION
You may terminate the agreement at any time by ceasing use of the Site and Services and removing your material from the Site. We may terminate your access to the Site and/or Services, at our sole discretion, at any time without notice, with or without cause. -
GOVERNING LAW
These Terms are entered into in the Province of British Columbia, Canada and shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms will be resolved in the state and federal courts located in the Province of British Columbia, Canada. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. -
DISPUTE RESOLUTION
Company and user hereby agree to submit to arbitration administered by the American Arbitration Association for any controversies related to the Terms. We further agree that we will faithfully observe this agreement and the rules, and that we will abide by and perform any award rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award -
INDEMNITY
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. -
ENTIRE AGREEMENT
Except as provided below, these Terms constitute the entire agreement between Partnerpedia and you pertaining to the subject matter hereof. In its sole discretion, Partnerpedia may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
