Terms and Conditions

“user,” or collectively, “users,” refers to a person, corporation, incorporated entity or an individual “you, your or yourself ” refers to “users” “we, us and our” refers to “POTSPOTS”, “PotSpots.ca” “account” means the record or statement of financial expenditure or receipts relating to a particular period or purpose : The purpose being the delivery of “POTSPOTS services” and contains a ledger of all deposits, expense, re-imbursements or customer activity in relation to the services. “account owner” means “user” “authorized users” refers to “users” who have been authorized by the “account owner” to use the account “product,” or collectively, “Products,” refers to goods that “POTSPOTS” makes available to “users” “subscription” means an arrangement by which access is granted to the POTSPOTS services. “service,” or collectively, “services,” refers to the act of providing an organized system of apparatus and commodities by “POTSPOTS” “platform” means a place where entertainment content and technology services can be viewed or otherwise accessed by audiences on the Internet or Intranets. “disruption” means activities that induce or cause normal user/client or host functionality, to be significantly hindered or interrupted.

General Terms and Conditions

The Corporation or "POTSPOTS," ("we," "us" or “our”) provides website products and services, related offerings, features ("Product(s)") and functionalities (“Service(s)”). These Terms and Conditions of Use (“TOC”) include any related subsidiary, service, feature or functionality, and Product(s) provided by POTSPOTS and its subsidiaries, also including, without limitation, our Anti-Spam Policy, our Prohibited Content and Commerce Statements and our Privacy Policy. By coming to the Site, you accept the TOC on behalf of yourself and/or any business or organization that you represent.  If you do not accept the TOC, then you may not use any feature of this site. With respect to any third-party partnerships or promotions, if the Product(s) / Service(s) are accessed through POTSPOTS, the POTSPOTS TOC supersedes any other TOCs. We may amend the TOC from time to time due to changes to the Site or the Product(s) / Service(s), to take account of developments under the law, or for any other commercial reason. Such changes may take effect immediately and without notice. For material changes and future performance by us relating to the TOC and our Product(s) / Service(s), POTSPOTS will post a notice on its website for 30 days. Non-material changes will not trigger an obligation to notify under this Agreement. Your continued use of POTSPOTS after any such changes are posted will constitute acceptance of those changes.

Copyrights and Trademark Information

The Site and the information it contains are the property of POTSPOTS and in some cases are protected by Canadian and international intellectual property laws. "POTSPOTS" and the POTSPOTS logo are trademarks or trademarks of POTSPOTS in Canada and other countries. This is not intended as a complete list of our trademarks, and other POTSPOTS product or service names or logos appearing in the Site may be trademarks of POTSPOTS or its affiliates. You further acknowledge and agree that Third Party Content, Picture(s), Motion Picture, Titles and/or episodic content, sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by POTSPOTS or advertisers, you agree not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Service(s) or the Software, in whole or in part.

Parental/Guardian Discretion

Please be aware that POTSPOTS has created certain areas on the Site that contain adult or mature content aimed at an older audience. POTSPOTS is concerned about the safety and privacy of all its users, and; particularly children. For this reason, parents should not allow their children access to the Site, and; all users of the site must be 19 years of age or older. Potspots will not be responsible for any unsupervised access to the site. If you allow your children access or unsupervised access to the Site, they will be able to access all of the Service(s) / Product(s) including email, message boards, groups, instant messages and chat. Please remember that the Site is designed to appeal to a broad adult audience. Accordingly, as a legal guardian, it is your responsibility to maintain your children’s access online and any of the Service(s) / Product(s) and/or POTSPOTS Content. You must have attained the age of majority in the province or territory in which you live to access such areas on the Site. The age of majority varies according to the jurisdiction in which you are located.

Censorship/Bans

By coming to the Site, you accept and acknowledge international censorships and bans; and the use of the laws and regulations of such jurisdictions. 

Registration

In consideration of your use of the Site and Service(s) / Product(s), you represent that you are of legal age and capacity to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You agree to provide true, accurate, current and complete information about yourself and/or the organization you represent, as applicable, as requested in the registration form and elsewhere on the Site, and; agree to update such information if it changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or POTSPOTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POTSPOTS has the right to suspend or terminate your account and refuse any and all current or future use of the Site, Service(s) or Product(s).   When registering for a POTSPOTS account, you will select a name and password as your Identification. Upon successful registration for the Site, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account, including your password, and are fully responsible for all activities that occur under your account, including use of or any change to your password. You agree to (a) immediately notify POTSPOTS of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. POTSPOTS will not be liable for any loss or damage arising from your failure to comply with this Section. We may reject or terminate any user name or password that we, in our judgment, deem unacceptable.

Access to POTSPOTS Website

(a) Not all aspects of the Site, including, without limitation, certain POTSPOTS Content viewing and access to high-quality video, will be available to you unless the applicable personal computer, gaming device, tablet device, mobile device or other digital device (each a “Digital Device”) you use to access the Site and your Internet connection satisfy POTSPOTS’s minimum technical requirements for use of the Site. Such requirements may be changed from time to time at our sole discretion. Unless we otherwise specify, you are solely responsible for updating or maintaining your Digital Device and Internet connection as necessary to meet such requirements. (b) Not all aspects of the Site, including, without limitation, certain POTSPOTS Content, viewing and POTSPOTS services, will be available to you unless the applicable information, fees and registration is obtained by a subscription account.

Group Accounts

We may, in our discretion, permit you to authorize additional POTSPOTS group accounts. For purposes of the Terms and Conditions (“TOC”), you are the "group account owner", and anyone else that you authorize to use the account will be deemed "authorized users”. As group account owner, you will be responsible for all authorized users, and each authorized user must comply with the TOC as well as their own POTSPOTS user account TOC.

Communications With You

POTSPOTS reserves the right to send messages to inform you of (a) changes or additions to the Site, the Service(s) / Product(s), or the TOC; (b) violations of the TOC or actions relating to your ability to access and use the Site or the Service(s) / Product(s), or (c) any other matter related to the Site, the Service(s) / Product(s) or the TOC. Nothing in this provision shall require or obligate us to send any notice if no notice is mandated elsewhere in this TOC. You agree that POTSPOTS may, but is not obligated to, monitor or record any of your telephone conversations and chat texts with POTSPOTS for purposes of quality control, training and security of POTSPOTS employees and the protection of POTSPOTS. You further agree to ensure that anyone else you authorize to use your account also consents to such monitoring or recording. You acknowledge that POTSPOTS is not obliged or required to record all telephone lines or calls and that we do not guarantee that recordings of any particular telephone call(s) will be retained or can be retrieved. POTSPOTS may monitor or record communications by non-POTSPOTS account holders with POTSPOTS employees for purposes of quality control, security and/or training and for the protection of POTSPOTS and its members.

Member Conduct

You understand that all materials including, without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("User Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not POTSPOTS, are entirely responsible for all User Content that you upload, post, email, message, transmit, or otherwise make available via the Service. You understand that by using the Site and its Service(s) / Product(s), you may be exposed to POTSPOTS Content that is mature and that you may consider offensive, indecent or objectionable. Under no circumstances will POTSPOTS be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted, or otherwise made available via the Site and its Service(s) / Product(s). You agree that you will not use the Site and its Service(s) / Product(s) to:

a. upload, post, email, message, transmit, or otherwise make available any User Content that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a POTSPOTS official, government official, law enforcement officer, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site or its Service(s) / Product(s);

e. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation. You may, however, make, lawful and legal offers in the Retail Online Marketplace or your account groups when specifically designated as such;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site and its Service(s) / Product(s) are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. with or disrupt the Site and its Service(s) / Product(s) or servers or networks connected to the Site and its Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Site and its Service(s) / Product(s);

k. intentionally or unintentionally violate any applicable or international law, including, but not limited to, regulations promulgated by any rules of any national or other securities exchange, including, without limitation, regulations having the force of law;

l. collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code.

m. "stalk" or otherwise harass another; or

n. collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above. You acknowledge that POTSPOTS may, but does not pre-screen User Content, but that POTSPOTS and its designees have the right (but not the obligation) in their sole discretion to refuse or move any User Content that is made available via the Service(s). Without limiting the foregoing, POTSPOTS and its designees shall have the right to remove any User Content that violates the TOC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content that is available on any part of the Site, including without limitation information in POTSPOTS Message Boards;

o. you acknowledge and expressly consent to POTSPOTS accessing, preserving, and disclosing your account information and User Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOC; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of POTSPOTS, its users and the public.

p. You agree that Potspots has the exclusive right to contract with any corporation, individual, and; whomsoever it deems appropriate in relation to the use of its Site and its Service(s) / Product(s) to advertise, promote, or otherwise market their wares as they consider suitable.

11. Messages posted to newsgroups and online forums must comply with Group rules and regulations created for the Groups. Advertisements, solicitations, or other commercial messages for these Groups should be posted only where explicitly permit by the Group. The Group owner is responsible for determining the policies of a given newsgroup or online forum before posting to it. Posting or cross-posting the same or substantially similar messages to multiple newsgroups or online forums may be prohibited by their respective rules and regulations. This includes attempting to circumvent the approval process for posting to a moderated newsgroup or online forum. POTSPOTS reserves the right to discontinue access to any Group at any time for any reason. You may not attempt to "flood" or disrupt Groups. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text. Messages may not be canceled, except by the author or by official group moderators performing their duties. The features included with the Group types POTSPOTS Site and Service(s) are provided for interactive use by the account holders with personal Internet settings allowing access.

 

12.

a) The Site and its Service(s) may be used to participate in "chat" discussions. These discussions may be hosted by our servers, by servers owned or operated by our subsidiaries, affiliates, suppliers or agents, by third party servers, or may not involve any servers at all. POTSPOTS does not have any obligation to monitor the content of any “chat” discussions. POTSPOTS is not liable for any claims, losses, actions, damages, suits or proceedings arising out of or relating to the content of any such discussions. The Service(s) may not be used to perform chat “flooding”. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Service(s) may not maintain more than two simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device. The Service(s) may not be used to send messages that disrupt another account or Internet user's equipment, including software, hardware and user display. The Service(s) may not be used to access any chat server in violation of the acceptable use policy of that server. The Service(s) may not be used to manipulate any chat server in order to harass or disconnect other account or Internet users, or to gain privileges that have not been authorized. You may not use the Service(s) to connect to chat servers or channels from which you have been previously banned. The Service(s) may not be used to continue to send chat messages to an account or Internet user who has indicated their desire to not receive such messages. While participating in a chat session, messaging, or post, the forging, altering, or obscuring of your identity (other than using a nickname) is forbidden.

 

b) We reserve the right to; manage our network in order to optimize its efficiency including, without limitation: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network.

Prohibited Content and Commerce Statement

a) Restriction of Use: We prohibit the use of the Site or the Product(s) by any person or organization that violates our Prohibited Content and Commerce Statement.

b) You further agree to comply with the following in connection with your use of the Site and the Product(s):

I.     You may not access or use the Site or the Product(s) in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site or the Product(s) that is not authorized by us (including removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site or the Product(s)).

II.     You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or the Product(s) for any unauthorized purpose.

III.     You may not use the Site or the Product(s) in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Product(s), including POTSPOTS servers, computer network or user accounts.

IV.     You may not use the Site or the Product(s) in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site or the Product(s).

V.     You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site or the Product(s) for public or commercial purposes without our express written permission.

VI.     You shall not interfere with or disrupt the Site or any related POTSPOTS websites or servers or networks connected to the Site or the Product(s).

VII.     You shall not restrict or inhibit any other user from enjoying and using the Site or the Service(s) promoting the Product(s).

VIII.     You shall not use the Site or the Product(s) in violation of applicable law or third party rights (including third party TOC), and shall not use the Site or the Product(s) for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.

IX.     You shall not repeatedly upload and remove unique email addresses or otherwise try to manipulate data.

X.     You may not take an image, template or feature from the POTSPOTS Site and use it on your website. This restriction also applies to customized templates prepared by our professional services group.

XI.     You shall not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Products.

(c) Limitations of Use. You understand and agree that not all messages or campaigns sent through use of the Site or the Product(s) will be received by or will be capable of being viewed by their intended recipients. You further understand and agree that delivery of messages by means of the Site or the Product(s) may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.

You agree that we may establish general practices and limits concerning use of the Site or the Product(s), including without limitation the maximum number of messages or campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may be transmitted by means of the Site or the Product(s). We reserve the right to modify, revise, suspend or discontinue any Product(s) in whole or in part, either temporarily or permanently with or without notice, and you agree that we are not obligated to support or update the Product(s) in any manner. You agree and acknowledge that there is a maximum disk space that will be allotted on POTSPOTS's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that POTSPOTS has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Site. You acknowledge that POTSPOTS reserves the right to log off accounts that are inactive for a certain period of time as determined by POTSPOTS. You further acknowledge that POTSPOTS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. POTSPOTS will allow you and the people with whom you correspond to save your conversations in your POTSPOTS accounts located on POTSPOTS servers. This means you can access and search your message history from any computer with access to the Internet. Whether or not you use this feature, other users or POTSPOTS, may choose to use it and save conversations that do include you, in their account as well. Your agreement to this TOC constitutes your consent to allow POTSPOTS to store any and every correspondences on its servers.