DIZZLE INC. (henceforth “we”)
Updated – October 2011
3. Data recording
4. Copyright Notice
All articles, text, illustrations, images, photographs, information, audio clips, video clips, software and codes available on the website ("Content"), including how the content is presented, are protected by Canadian laws, particularly with regard to copyright, and belong to Dizzle Inc., its affiliates, its licensors and / or the party accredited as the provider of the content. You agree to comply with all copyright notices, information or restrictions on or in the content, which can be accessed through the website and / or its features. Dizzle Inc. grants you a non-exclusive, non-transferable right to use and display the website and / or its features on your computer or other electronic device solely for the purposes of representation and reproduction, in one copy, for copying backup or printing, personal or non-commercial use, provided you do not modify the content and you retain the copyright notice.
MODIFICATION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, DISSEMINATION, REPRESENTATION, NETWORKING, MARKETING, PUBLICATION, LICENSING, PERFORMANCE, DOWNLOADING, UPLOADING, CREATION OF WORKS, DERVIATIVES, DISPLAY ON INTERNET, SALE OR ALL EXPLOITATION OF THE WEBSITE, CONTENT OR FEATURES, including by way of storage in a cache server, framing or similar means, IS STRICTLY PROHIBITED.
Content available in the Press section
The reproduction, distribution, transmission, broadcast, representation, networking, publication, downloading and viewing Internet content owned by Dizzle Inc., displayed and available in the Press Section of the website is permitted insofar s credit is clearly granted to Ride Shakedown.
The modification, marketing, licensing, creating derivative works and sale of content are strictly prohibited.
Ride Shakedown is a trademark of Dizzle Inc. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the website may constitute trademarks of Dizzle Inc. or third parties. No element existing on the website or features can be interpreted as to give you a license or right to use any logo, design, Dizzle Inc. or third party owned trademark.
6. Responsibility for Minors
In the event that you allow an underage person to browse the website or use the features, you acknowledge that you are responsible for:
i) the online conduct; ii) controlling access and use of the website and / or features; and iii) the consequences of any misuse of the website and / or feature on the minor’s behalf. You acknowledge that some sections of the website and features may contain content that is inappropriate for a minor. We recommend that you maintain a reasonable level of supervision pertaining to the use of the website and features by minors under your care.
The website and our mobile application offer features that allow you to to view and submit your registration for a qualification, comments, data, text, photographs, images, videos, and other material ("your content ") and interact with Dizzle Inc., its employees, agents and other users.
When you post your content to the website or submit your content to Dizzle Inc., you grant Dizzle Inc. a worldwide, unrestricted, irrevocable, nonexclusive, perpetual and free of charge license: i) to use, reproduce, stock, adapt, translate, modify, create derived works, transmit, distribute, broadcast, and publicize your content for any purpose; and ii) to concede under license to third parties the unrestricted right to exercise one or other of the above rights.
In addition to the grant of the license above, you hereby i) agree to waive all moral rights to your content for Dizzle Inc. ; ii) consent to your name, address and e-mail appearing in or around your content and, if applicable, the disclosure and / or display of this information ; iii) acknowledge and agree that Dizzle Inc. can not be held responsible for any loss, damage or corruption of your content, and iv) acknowledge and agree that submissions you post for the purpose of display on the website or that you submit to Dizzle Inc. will be considered non-confidential.
You represent and warrant to Dizzle Inc. that: i) your content is original; ii) your content does not violate any intellectual property rights, including, but without limitation to, copyright, iii) you are the sole owner of all intellectual property rights, including, in particular, copyright on your content or, if you have the written permission of the owner, to submit your content, and iv) your Content is free of any defamatory elements, obscenities and does not violate a third party’s right to privacy and / or image.
THE WEEBSITE, ITS FEATURS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE USE AND BROWSING OF THE WEBSITE AND FEATURES IS AT YOUR OWN RISK. DIZZLE INC. MAKES NO REPRESENTATION OR GUARANTEES REGARDING THE WEBSITE, FEATURES AND CONTENT, INCLUDING GURANTEES PERTAINING TO i) TRADE QUALITY, SUITABILITY OF THE CONTENT FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; ii) THE SAFE AND UNINTERRUPTED OPERATION OF THE WEBSITE AND FEATURES; OR ITS OPERATION WITHOUT ERROR; iii) THE FULFILLMENT OF YOUR NEEDS AND EXPECTATIONS REGARDING THE USE OF THE WEBSITE OR THE FEATURES; iv) THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE WEB SITE, THE CONTENT AND FEATURES; v) THE CORRECTION OF DEFECTS OR ERRORS IN THE WEB SITE AND FEATURES; vi) THE LACK OF VIRUSES OR HARMFUL COMPONENTS IN THE WEB SITE AND FEATURES, AND vii) THE SECURE OR UNINTERCEPTED TRANSMISSION OF COMMUNICATIONS THROUGH THE WEBSITE OR FEATURES.
IN NO EVENT CAN DIZZLE INC., ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUCCESSORS AND BENEFICIARIES, BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER, BE THEY INDIRECT, SPECIAL OR CONSEQUENTIAL, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THE WEBSITE, THE FEATURES, OR THE CONTENT CONTAINED WITHIN THEM, OR ON ANY OTHER SITE YOU MAY ACCESS THROUGH THE WEBSITE, EVEN IF ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
DIZZLE INC., ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUCCESSORS AND BENEFICIARIES, DECLINE ALL LIABILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTY USER OF THE WEBSITE AND FEATURES, AND ANY ADVERTISER OR SPONSOROF THE WEBSITE (THE "THIRD PARTY USER"), AND SHALL IN NO EVENT BE HELD LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM i) ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER; AND ii) THE USE OF, OR INABILITY TO USE, ANY SOFTWARE, CONTENT, GOODS OR SERVICES FROM A WEBSITE, OR OFFERED THROUGH A SITE LINKED TO THE WEBSITE.
9. Hyperlinks towards third party sites
The website contains hyperlinks towards third party sites (“third party sites”) lead you off of the website. Dizzle Inc. provides these links for your convenience. Third party sites are not governed by Dizzle Inc., as such, content contained in these hyperlinks cannot be interpreted as approved by or endorsed by Dizzle Inc. Dizzle Inc. is not responsible for content on third party sites, any links they may contain or any changes or updates that are made. Dizzle Inc. makes no guarantee regarding them.
10. Hyperlinks towards the website
Dizzle Inc. encourages hyperlinks towards the website. However, it does not wish to be bound to any third party sites that i) contain content that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or would otherwise violate any local, state, provincial, national, international law or regulation; is likely to damage or adversely affect the operation, credibility or integrity of Dizzle Inc. or contains, posts, or transmits any material or information that overrides the moral and / or legal standards of Canadian society; or ii) contain, posts or transmits any information, software or other material which violates or infringes the rights of others including material that constitutes an invasion of privacy or infringes the rights to personal privacy, or that is protected by copyright, trademark or other proprietary rights.
Dizzle Inc. reserves the right to prohibit or refuse a hyperlink to the website in its sole discretion, at any time. You agree to remove any hyperlink towards the website at the request of Dizzle Inc.
11. Use of computer bots
You acknowledge that the use of computer bots, including webbots, is prohibited for any purpose whatsoever in relation to the website.
13. Transactions with Dizzle Inc.
In the event that you order products and/or services from the website, you will be required to provide personal information that is accurate and complete. Dizzle Inc., in its sole discretion, reserves the right to accept or decline at any time after its reception. You acknowledge that the cost of products and services is subject to change without notice and that products and services are subject to availability.
You agree to indemnify, defend and hold harmless Dizzle Inc., its affiliated companies and their directors, employees, agents, licensors or their successors, and beneficiaries, and endorse them on all claims, demands, liabilities, costs or expenses of any nature arising directly or indirectly from:
i) your breach of the terms and conditions, ii) your browsing, use or inability to browse or use the website and / or features, or any site to which the website is or may be related to occasionally; iii) your use of or reliance upon publications, communications, distribution or downloads of any kind through the website and / or features ; and / or iv) your violation of laws or regulations.
You agree to cooperate with us in the defense of any claim.
15. Applicable law
Your use of the website and features, and the terms and conditions are governed by the laws of the Province of Quebec and the laws of Canada, without regard to conflict of law principles. You hereby acknowledge that any litigation arising out of, or related to, your use of the website or features, or the terms and conditions, will be subject to the jurisdiction of the courts of the District of Montreal, Quebec. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.
In the event that there is a discrepancy between the English and French versions of the present Terms & Conditions, the French version will prevail.