Terms Of Use

Last Update: 07/02/15

PLEASE READ CAREFULLY. THE FOLLOWING CONSTITUTES A LEGAL AND BINDING CONTRACT BETWEEN YOU AND 1909699 Ontario Inc. (“Spectify”, “we”, “us”). The spectify.com website (“the Site”) is owned and operated by Spectify. By accessing or using the Site you agree to be bound by these terms of use (“Terms of Use”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the site.

Any personal information submitted by you to Spectify will be subject to Spectify’s Privacy Policy for this Website.

The content of this Site is provided for general informational and educational purposes only and does not, nor is it intended to be construed as psychological, medical, legal, or other professional advice. This Site may contain opinions, expressions, experiences and other information of users of the Site and other third parties. This content is provided for your information only, and should not be considered as an opinion of Spectify or an endorsement of any idea, product, service or activity.


Basic Terms

  1. You must be 13 years of age or older to use the Site. If you are 13 years of age and older but still a minor, you must have your parent or guardian’s permission to use the site
  2. You may not post hateful, racist, sexist, sexually explicit, vulgar, unlawful, defamatory, harassing, abusive, fraudulent, obscene, libelous or threatening content.
  3. You may not impersonate another person or misrepresent yourself.
  4. You may not reveal any personal or private information about a third party or reveal another users identity.
  5. Use the reporting function to flag inappropriate Spectify Community posts or breaches of these Terms of Use but you should not abuse or misuse this function.
  6. Be respectful and constructive in all Spectify Community comments or posts and you should also aim to be constructive in your private Spectify posts.
  7. You are solely responsible for all material you post or input into the Site.
  8. Political campaigning, soliciting, selling or promoting products or services is not allowed.
  9. You must not post any information that reveals your actual identity in the Spectify Community or encourage others to do so.
  10. You agree not to disrupt the Site or deliberately and negatively affect its functioning.
  11. You will not use the login credentials of another user or request or solicit such credentials.
  12. You must not change, modify or adapt the Site or alter another site to falsely imply any association with the Site or Spectify.
  13. You are responsible for keeping your password private and secure.
  14. Comments or responses in the Spectify Community should be ‘on topic’ and relevant to the original post or the ensuing discussion.
  15. You must not inhibit another user’s enjoyment or use of the Site and you must not encourage others to do so.
  16. You must not create accounts with the service through unconventional or unauthorized means including, without restriction, by using a bot, script, crawler, scraper or an automated device.
  17. You may only use the Site in compliance with these Terms of Use and in compliance with all applicable local, provincial, state, national or international laws and regulations.
  18. You may not represent any Site content as your own except that which you have posted yourself.
  19. Violation of these Terms of Use may, in Spectify’s sole discretion, result in termination of your Spectify account.
  20. You acknowledge that Spectify cannot and will not be responsible for any content posted on the Site and you use the Site at your own risk. If you do anything that creates risk or legal exposure for Spectify, we can terminate your Spectify account.

General Conditions

  1. We reserve the right, in our sole discretion, to change these Terms of Use from time to time. Aside from changes for legal or administrative reasons, we will provide reasonable notice of such changes before they become effective. We will post such notice on the Site and your subsequent use of the Site constitutes your acceptance of these changes.
  2. We may block, delete or remove any content that we determine, in our sole discretion, violates these terms of use but we have not obligation to do so.
  3. We reserve the right to refuse access to the Site to anyone at any time for any reason.
  4. You should always treat other users in a respectful manner. You are solely responsible for your interactions with other users and agree that Spectify is not responsible for the conduct of any user. We reserve the right to intervene in any dispute between users but have no obligation to do so.
  5. You are responsible for all data charges incurred through the use of the Site.
  6. The Site may allow you to share your posts, comments or other information about you on the site with third parties through email or other social media platforms. You agree that you are solely responsible for the sharing of such content and that you are solely liable for any ramifications of sharing such content (and you agree that Spectify bears absolutely no liability or responsibility). You agree that you are solely responsible for your dealings or interactions with any such third party email service or social media platform.
  7. We reserve the right to modify or terminate the Site for any reason, without notice, at any time and without liability to you.
  8. You can de-activate your account by completing this form at any time. We will act on such requests in a timely manner.
  9. We reserve the right to terminate or modify your access to the Site for any reason, without notice, at any time, without any liability to you.
  10. Upon termination of your account, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  11. If any provisions of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  12. Spectify may assign any and all of its rights hereunder without your consent.
  13. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Spectify.
  14. These Terms of Use constitute the entire agreement between you and Spectify regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Spectify regarding your use of the Site.
  15. The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and will not affect the interpretation of these Terms of Use.
  16. You and Spectify confirm that both parties wish that these Terms of Use, and any relating documents including notices, are drawn up in the English language only.

Rights

  1. The Site may display advertisements and promotions and you agree that Spectify may post such advertisements and promotions on the Site adjacent to or in conjunction with your posts and content.
  2. You represent and warrant that you own the content you post on the site and have the right to post such content. However, Spectify is hereby granted a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, global license to use the content that you post in the Spectify Community under your screen name subject to the Spectify Privacy Policy.
  3. You acknowledge that Spectify is not responsible for any content posted on the Site. Spectify has no obligation to monitor, screen or monitor any content.
  4. You acknowledge that your interactions under your screen name in the Spectify Community or shared through email or on other public social media platforms are non-confidential and non-proprietary and will remain on the Site unless you delete it. With respect to such content, Spectify has no greater responsibility than a member of the public who reads it.
  5. Spectify can use any suggestions or comments you share with Spectify, with respect to the Site, without any obligation, liability or payment to you.
  6. The Site should be broadly available, however, there may be occasions when the site is unavailable.
  7. Spectify reserves the right to remove any content from the Site for any reason, without prior notice. You acknowledge that the Internet may be subject to breaches of security and that content submitted may not be secure despite Spectify’s efforts to prevent any breaches.

Site Content and Intellectual Property

All material on this Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, video clips, names, trade-marks, trade names, product and clinical information, software and logos (collectively, the "Content") and all intellectual property rights therein, are owned, controlled, or licensed by Spectify or other individuals or organizations and are protected by worldwide intellectual property laws. You may use Content for your personal use for non-commercial purposes but no modification or further reproduction of Content is permitted. The Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances without the express written permission of Spectify or the respective owner of such Content, as applicable. All other rights reserved. Except as expressly provided above, nothing contained herein shall be construed as conferring upon you any license or right in the Content.

Names, trademarks, trade names, trade dress, logos and products of Spectify appearing on this Site are protected by trademark laws and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Spectify , except with the express written permission of Spectify . Other product, service and company names mentioned on this Site are for identification purposes only and may be trademarks of their respective owners.

All software and technology used on this Site is the property of Spectify or its software suppliers and protected by Canadian and worldwide copyright laws. The Content may be used as a promotion and selling purpose with the written consent from Spectify . Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited. Reverse engineering and data-mining of our services are serious offenses and legal action will be taken against any violation.


Warranty Disclaimer

The site, the Content and the Services available on the Site are provided to you on an “as is” basis without representations, warranties, guarantees or conditions from Spectify of any kind. Spectify disclaims all representations, warranties, conditions or guarantees, express or implied, including without limitation implied warranties of fitness for a particular purpose, title and non-infringement. Spectify does not represent or warrant that the content or the Site are accurate, complete, reliable error free and expressly disclaims any representation or warranty as to the accuracy or proprietary character of the Site or the content. You are solely responsible for any resulting damage to your computer system or loss of data arising from your use of the Site. While Spectify seeks to ensure your access to and use of the Site is safe, Spectify does not represent or warrant that the Site is free of viruses or other harmful elements.


Limitations of Liability; Indemnity

You shall waive and not assert any claims or allegations of any nature against Spectify, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, employees or agents (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or its content, including, without limitation, any claims or allegations relating to the alleged infringement of the proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site and its content entirely at your own risk.

Without limitation of the foregoing, neither Spectify nor any other Released Party shall be liable for any direct, special, indirect, exemplary, consequential, punitive damages or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of good will or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or its content, including without limitation any damages caused by or resulting from: (i) your inability to use the Site or its content; (ii) any third party claims that the use by you of the Site or its content violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site or its content, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Spectify or any other Released Party’s records, programs or services); (iv) any damages arising from communications with other users of the Site or persons that you meet through the Site; or (v) any other matters relating to this Site, its content or any other user submissions/posts, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not Spectify had any knowledge, actual or constructive, that you might incur such damages.

In no event shall the aggregate liability of Spectify, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site or its content during the three months prior to the date of any claim.

You shall fully defend, indemnify and hold harmless Spectify and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your user content infringes the rights, including the intellectual property rights, of any third party.


Applicable Law and Venue

The Site is controlled by Spectify and operated by it from its offices and/or those of its suppliers in Toronto, Ontario. You and Spectify explicitly agree that all disputes, claims or other matters arising from or relating to your use for the Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to:

  • these Terms of Use;
  • the Site or its content;
  • oral or written statements, advertisements or promotions relating to these terms or to the Site; or
  • the relationship that results from these Terms, the Site or its content (collectively, a “Claim”)

will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Spectify related to a Claim and, where applicable, you also agree to opt out of any class proceedings against Spectify. If you have a Claim, you should give written notice to arbitrate at the address specified below [insert contact information below]. If we have a Claim, we will give you notice to arbitrate at your address provided in your Site registration information. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceedings in such courts.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Spectify and the other Released Parties for your failure to comply with any such laws.

If you have any questions about these Terms of Use, please contact Spectify.