Terms of Use

Hubifi.com (the “Website”) is owned and made available to you by Things in Common Talking Inc. (hereinafter referred to as “Hubifi”, “we”, “us” or “our”). The following terms (“Terms of Use”) govern your access to and use of the Website. Please review these Terms of Use carefully. BY ACCESSING AND/OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Hubifi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof). From time to time, we may also amend these Terms of Use by posting revisions on the Website. We'll notify you via an email to the address you used to register with the website. Please check back frequently to see the Terms of Use then in effect. Your continued access to and use of the Website will constitute acceptance of the amended Terms of Use. If you do not agree with these Terms of Use, or any future amendments, your sole recourse is to cease use of the Website.

Membership

To become a member, you must register on the Website by providing us with your email address and a user name and password that you select (“Registration Information”). You will also be asked to complete optional profile details (“Profile Details”) such as a photo, name, birth date, gender, country of residence or birth. Certain details of your Registration Information and Profile Details will be available to other users of the Website. Please see our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information.

In consideration of your use of the Website, you agree to ensure that your Registration Information and Profile Details are accurate, current and complete, and that you keep all such information (including but not limited to your email address) up to date at all times. Hubifi reserves the right to terminate the membership of any individual whose Registration Information and Profile Details are out of date or cannot be verified for any reason.

You are responsible for maintaining the confidentially of your password. Keep your password in a secure place and do not allow any unauthorized persons to access the Website using your password. As a member, you are responsible for all activity that occurs under your account. If you suspect that others have knowledge of your password, have accessed your account without consent, or suspect any other security breach, you are expected to report this to us immediately. Access to and use of password-protected areas of the Website is restricted to registered members. Attempting to access the member-only areas of the Website without authorization is prohibited.

Intellectual Property

All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available on the Website (collectively, the "Content"), are the sole property of Hubifi and/or its licensors. All Content is protected by copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited.

Use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited. You may download or print one copy of the Content to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content.

Links to Third-Party Websites

We may offer links on the Website to the websites of third parties. Such links are provided only as a convenience. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

Code of Conduct

Members may have the opportunity to upload, publish, display or otherwise post information, ideas and opinions on the Website, including links to other websites (collectively, “User Content”). By choosing to access and use the Website and/or by submitting User Content, you represent, warrant and agree that:

You will abide by all applicable laws and regulations;
You will not upload, post, email, provide a link to or otherwise transmit any User Content that:

Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, pyramid schemes or other such forms of solicitation;
Infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy right of any party;
Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, misleading, invasive of another’s privacy, hatefully, racially, ethnically or otherwise objectionable; or
Contains any form of destructive software such as a virus, worm, trojan horse, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

You will not:

Harvest or otherwise collect or store any information (including personally identifiable information) about any other users or members of the Website except with the express consent of such individuals and as contemplated by use of the Website;
For the purposes of misleading others, create a false identity for your membership registration, or the origin of any message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
Impersonate any person or entity, including but not limited to employees or representatives of Hubifi, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through any means;
Interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; or
Use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information, or any portion thereof, other than in the context of your use of the Website.

User Content

You are solely responsible for the content of your Profile and for all other User Content that you upload, publish, provide a link to, display or otherwise post (hereinafter, "post") on or through the Website. You may not post User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that Hubifi may, but is not obligated to, review the Website and may block, edit, delete and/or remove (without notice) any User Content at its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Hubifi violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website.

By posting or submitting User Content, you:

represent and warrant that you own or otherwise control all rights (including but not limited to copyright and moral rights) in and to the User Content, and that the User Content does not and will not infringe the rights of any third party;
grant to Hubifi the unrestricted, irrevocable, perpetual, transferable, worldwide, royalty-free, non-exclusive right to use, aggregate, reproduce, display, adapt, modify, distribute, reformat, translate and edit the User Content that you post to the Website for any purpose whatsoever; and
waive all moral rights therein.

You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Hubifi may retain archived copies of your User Content.

Indemnity

You agree to indemnify and hold harmless Hubifi, its affiliates, licensors, or partners and their respective employees, officers, directors or agents (collectively, the “Released Parties”) from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees) whether in tort, contract or otherwise, relating to or arising from (a) any User Content you (or anyone acting under your password or user name) submit, post, transmit or make available on the Website, (b) your (or anyone acting under your password or user name) use of this Website, connection thereto, (c) any alleged violation by you of these Terms of Use, and (d) your violation of any law or the rights of a third party.

No Warranties

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability

IN NO EVENT SHALL Hubifi OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND OTHER LEGAL EXPENSES), EVEN IF Hubifi OR THE RELEASED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO, WITHOUT LIMITATION, (A) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING THE CONTENT; (B) ANY ERRORS IN, OR OMISSIONS FROM, THE WEBSITE AND THE CONTENT; (C) ANY USER CONTENT POSTED ON THE WEBSITE INCLUDING ANY ERRORS IN, OMISSIONS FROM, OR IDEAS, INFORMATION AND/OR OPINIONS CONTAINED IN USER CONTENT ON THE WEBSITE; (D) ANY THIRD-PARTY WEBSITES, CONTENT AND/OR SERVICES DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM THE WEBSITE; (E) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE; (G) ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER TYPE OF HARMFUL COMPONENT IN CONNECTION WITH THE WEBSITE; OR (H) UNAUTHORIZED ACCESS TO THE WEBSITE BY ANY PERSON, GROUP OR ORGANIZATION.

ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE ARE NOT RESPONSIBLE FOR (I) THE ACTIONS OR INACTIONS, ACTS OR OMISSIONS, OF ANY OTHER USER OF THE WEBSITE OR OTHER THIRD PARTY; OR (II) ANY OFFENSIVE, INAPPROPRIATE, MISLEADING, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN ANY USER CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Each Released Party is hereby constituted a third party beneficiary of the provisions of these Terms of Use.

Terminating your Account

The Terms of Use will continue to apply until terminated by either you or Hubifi. You may cancel your membership at any time by contacting us as set out below and requesting that your membership be cancelled.

Notices

Except as explicitly stated otherwise or as required by law, you will provide any notices to Hubifi by contacting us in writing at the following address: #301-1321 Blanshard Street, Victoria BC, V8W 0B6.

Privacy

For information on the manner in which Hubifi collects, uses, discloses and otherwise manages personal information, see our Privacy Policy

Choice of Law and Forum

These Terms of Use are governed by and will be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the Province of Ontario.

By using this Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

General

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Hubifi with respect to the use of the Website, including without limitation the Content.

If you have any questions or comments regarding these Terms of Use, please contact us at info@Hubifi.com.

Last updated: June 2012

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