|Terms of Service|
1. Acceptance of Terms of Service
Katinval Consulting Inc. and its subsidiaries and affiliates (hereinafter collectively called, " KTV Siteworks") operate a network of websites and services ." KTV Siteworks" consists of the following sites and their subdomains:
Others to be introduced from time to time.
These Terms of Service spell out the terms and conditions that apply to your use of KTV Siteworks. From time to time KTV Siteworks may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the KTV Siteworks to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. Y
You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE KTV SITEWORKS, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH KTV SITEWORKS. If you do not agree to be bound by these Terms of Service, please discontinue your use of the KTV Siteworks. Many parts of the KTV Siteworks are provided free of charge to you (unless otherwise indicated).
Although portions of the KTV Siteworks may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from KTV Siteworks you need to sign on as a guest or register as a member of the KTV Siteworks.
Registering as a member will allow you to access certain services that are not available to guests. Parts of the sites may only be accessed by members that have paid a membership fee or other user fees. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the KTV Siteworks, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
You must a of minimum age of 13 to become a member. When you register for any of the sites of KTV Siteworks, you may be required to provide KTV Siteworks some or all of the following information: your name, e-mail address, zip/postal code, country, gender, birth date, member name and password. In addition, you may choose to provide the KTV Siteworks with additional information, including your mailing address, household income, education, marital status and employment status.
KTV Siteworks reserves the right to: (i) terminate your membership and access to any specific content , services, digital products, products courses or events; and (ii) sever any privileges you had without refund, if KTV Siteworks learns that you have provided KTV Siteworks with false or misleading registration information.
KTV Siteworks reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate, (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the KTV Siteworks and/or any other service, tool, specific content, digital products, products, courses or events provided to you by KTV Siteworks, including any privileges, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
KTV Siteworks may modify these Terms of Service from time to time in its sole discretion. Each time you use the KTV Siteworks, you will be deemed to have accepted any such changes. KTV Siteworks shall have no obligation to notify you of any such changes other then posting such modifications on the KTV Siteworks, but KTV Siteworks reserves the right (at KTV Siteworks' discretion) to provide you notice of such changes to any e-mail address you have provided to KTV Siteworks, or post office address you have provided to KTV Siteworks.
5. Modifications of the KTV Siteworks
KTV Siteworks may modify or discontinue the KTV Siteworks, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the KTV Siteworks
A. Content of Messages
KTV Siteworks assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the KTV Siteworks. KTV Siteworks further assumes no responsibility for the deletion of or failure to store e-mail messages.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of KTV Siteworks. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the KTV Siteworks to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that: (i) content on the KTV Siteworks is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the KTV Siteworks, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that KTV Siteworks may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of the KTV Siteworks, including message boards, forums, blogs, contests, personal websites, public profiles, comments or chat rooms, you grant KTV Siteworks a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on any site of KTV Siteworks retains any and all Rights that may exist in such content.
KTV Siteworks is not obligated to review content posted by users prior to the content's posting to any area of the KTV Siteworks, including any private profile. Content posted by any user to the KTV Siteworks does not reflect the opinions or views of KTV Siteworks, its parent, subsidiaries or affiliates. KTV Siteworks makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other KTV Siteworks members through any KTV Siteworks service.
We encourage members to become authors and contribute to the site(s) textual, audio and video articles. That being said, authorship status is a privilege granted by the site and may be revoked without explanation or recourse. With Authorship status comes, a level of authority and responsibility.
Author members must register as Authors, and thus register their user names, proper names, and full contact information and acknowledge agreement with all terms and conditions of site use.
Approved authors have the following authority.
• Post articles directly and without prior editorial approval.
• May be eligible to become moderator for a forum(s) or to become a podcaster.
• May be eligible for Board of Advisors membership.
With authority comes responsibility. All Authors agree to the following responsibilities: An Authors is
• Responsible for the entire content of their submission. Sometimes collaboration on a submission occurs resulting in joint authorship. With joint authorship of a submission, the level ownership is to be determined between the joint authors, but all collaborators must have author status and must be listed in the submission to establish content culpability.
• Submissions should be accurate, verifiable, properly referenced. Feelings, opinions and expressions of mood with regard to an item or issue should be so clearly stated so as to make it clear that the point is a personal one and not a generally accepted position.
• Responsible for refraining from plagiarism, profanity, bigotry. No named character attacks, or infringements of any kind on individuals or entities will be allowed. None of the sites are to be used as a bully pulpit.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE KTV SITEWORKS, YOU HEREBY EXPRESSLY PERMIT KTV SITEWORKS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY KTV SITEWORKS'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use
Any such use shall be deemed to be a violation of these Terms of Service.
C. KTV Siteworks Social Networking
You may never use another's account without permission. If you become aware of any misuse of the KTV Siteworks by any person, please contact KTV Siteworks by clicking the "Flag" link located throughout the KTV Siteworks.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the KTV Siteworks. KTV Siteworks reserves the right but shall have no obligation to monitor disputes between you and any other member of the KTV Siteworks.
8. Intrastate Nature of Communications
When you register with the KTV Siteworks and/or any service therein, you acknowledge that in using the KTV Siteworks services to send electronic communications, you will be causing communications to be sent through KTV Siteworks' computer networks, portions of which are located in Canada and may now or in the future be located in the United States and portions of which are located abroad. As a result, and also as a result of KTV Siteworks' business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the KTV Siteworks communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from Canada, the United States or the country in which you reside.
9. Third Party Services
You may order services or merchandise through the KTV Siteworks from other persons not affiliated with KTV Siteworks ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. KTV Siteworks makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider KTV Siteworks nor will KTV Siteworks be construed as a party to such transactions, whether or not KTV Siteworks may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
KTV Siteworks may include special routing icons which may be located within the KTV Siteworks, the activation of which will allow you to access and learn more about KTV Siteworks and other services provided by KTV Siteworks whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify KTV Siteworks of any unauthorized use of your registration or password.
11. Claims of Copyright Infringement
In Canada, the Copyright Act and the Digital Millennium Copyright Act of 1998 (the "DMCA") of the United States, provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Canadian and/or U.S. copyright law. If you believe in good faith that materials hosted by the KTV Siteworks infringe your copyright, you (or your agent) may send KTV Siteworks a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow KTV Siteworks to locate the material on the KTV Siteworks; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send KTV Siteworks a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA in the U.S.; see http://www.loc.gov/copyright for details. In Canada, information may be obtained by visiting the copyright Board of Canada at http://www.cb-cda.gc.ca . Notices and counter-notices with respect to this website should be sent to: Office of teh Secretary, Katinval Consulting Inc. via email
KTV Siteworks suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the both jurisdictions.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE KTV SITEWORKS, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE KTV SITEWORKS, IS AT YOUR SOLE RISK. THE KTV SITEWORKS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KTV SITEWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MALFUNCTION OF THE KTV SITEWORKS.
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
KTV SITEWORKS MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE KTV SITEWORKS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE KTV SITEWORKS.
KTV SITEWORKS IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE KTV SITEWORKS. AS A CONVENIENCE TO OUR MEMBERS, WE MAY MAKE AVAILABLE ACCESS TO OTHER SITES BUT, WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH KTV SITEWORKS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST KTV SITEWORKS WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, KTV SITEWORKS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. KTV SITEWORKS SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE KTV SITEWORKS, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY KTV SITEWORKS AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE KTV SITEWORKS, YOU WAIVE ANY CLAIMS AGAINST KTV SITEWORKS FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
13. Limitation of Liability
KTV SITEWORKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE KTV SITEWORKS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE KTV SITEWORKS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF KTV SITEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional Messages
KTV Siteworks and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. KTV Siteworks makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither KTV Siteworks nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of KTV Siteworks, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the KTV Siteworks, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
16. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflicts of laws provisions. By registering for or entering the KTV Siteworks, you consent and submit to the exclusive jurisdiction and venue of the provincial and federal courts located in Hamilton, Ontario Canada.
17. Remedies for Breach of these Terms by You
In the event that KTV Siteworks determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the KTV Siteworks, KTV Siteworks reserves the right to (i) delete any or all content provided by you or your agent(s) to The KTV Siteworks; (ii) discontinue your registration(s) with the KTV Siteworks and/or any other KTV Siteworks community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the KTV Siteworks; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which KTV Siteworks deems to be appropriate.
If your registration(s) with or ability to access the KTV Siteworks, any other KTV Siteworks community and/or any other service, product, content, course, event, tool or digital product provided to you by KTV Siteworks is discontinued by KTV Siteworks due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the KTV Siteworks, then you agree that you shall not attempt to re-register with or access the KTV Siteworks, any other KTV Siteworks community and/or any other digital product, course content or service provided by KTV Siteworks, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, KTV Siteworks reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
KTV Siteworks may assign its rights and obligations under these Terms of Service and upon such assignment KTV Siteworks may be relieved of any further obligation hereunder.
You represent to KTV Siteworks that you have the authority to register with or visit the KTV Siteworks according to these Terms of Service. KTV Siteworks does not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a member of or visit the KTV Siteworks.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of KTV Siteworks, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
KTV Siteworks reserves the right to terminate free access to the KTV Siteworks including any or all content, services, digital products, products, events, courses or tools with or without notice to you. KTV Siteworks reserves the right (at KTV Siteworks' discretion) to provide you with notice of such change by prominently posting a notice on the KTV Siteworks and/or sending written notice to you at any e-mail and/or post office address you have provided to KTV Siteworks. Once free access is terminated KTV Siteworks may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the KTV Siteworks and/or any for-pay content, services, digital products, products, events, tools or products.~