Terms & Conditions
The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the termination of this Agreement.
USE AND PROTECTION OF USERNAME AND PASSWORD. You are responsible for maintaining the confidentiality of your account Username(s) and password (s). You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password(s) or Username(s) assigned to you, or any breach of security through your Member's account, then you shall notify TBF immediately in writing and send the information at firstname.lastname@example.org.
LIMITED COPYRIGHT LICENSE. The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, TBF and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of TBF.
LINKS TO OTHER INTERNET WEB SITES. This Site may contain links to third-party Web sites that are not under the control of TBF. TBF makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of TBF Associates. When you access a non-TBF Web site, you do so at your own risk and TBF is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. TBF provides these links merely as a convenience and the inclusion of such links does not imply that TBF endorses or accepts any responsibility for the content or uses of such Web sites.
Certain Services offered on the Site accommodate or require Member Content. By submitting Member Content to the Site, you will grant TBF a worldwide, royalty-free, non-exclusive license to reproduce and modify, for purposes of formatting, maintenance, or Site administration only, such Member Content. This license will remain in effect until such Member Content is removed from the Site. For Member Content such as comments to the TBF user forums, bug reports, piracy reports, or product suggestions, you grant TBF an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such Member Content, and you also agree that TBF is free to use any ideas, concepts, know-how, or techniques that you submit to the Site for any purpose. By virtue of these licenses, TBF only obtains the rights set out in the license grants and does not obtain any additional right, title, or interest to any copyright, patent, trademark, or other intellectual property right in or to the Member Content. TBF may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for Member Content. TBF shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.
TBF reserves the right, at TBF's discretion, to refuse to post or require the removal of any Member Content on the Site if TBF deems such Member Content to be inappropriate.
MEMBER OBLIGATIONS AND WARRANTIES. You may use the Site in accordance with this Agreement. You undertake and warrant that the use of the Site by you and the Member Content you post on the Site, shall not: (i) be false, inaccurate or misleading, (ii) be fraudulent or involve the sale of counterfeit or stolen items (iii) be defamatory, libelous, obscene, excessively violent, scandalous, unlawfully threatening or unlawfully harassing, (iv) contain viruses or other contaminating or destructive features, (v) violate the personal, proprietary, or intellectual property rights of any third party, or (vi) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
A Member shall use TBF only for the direct benefit of such Member's internal business operations, and shall not resell project management, hosting or any other services on behalf of any third parties. With respect to information available on the Site, you may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to Member's employees and so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, you shall not (i) reproduce or distribute any information available through the Site, electronically or otherwise, or (ii) store or aggregate that information. You shall not share, rent, or sublicense any of its rights under this Agreement to any other party.
WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND TBF, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TBF MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. TBF MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES AND PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND TBF MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
TBF ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF TBF'S ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL TBF OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TBF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF TBF'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MEMBERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR TBF ENTERING INTO THIS AGREEMENT.
INDEMNITY. You shall, at your own expense, indemnify, defend, and hold TBF and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and another Member or between you and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for TBF to remove or disable access to any Member Content in or on the Site. You shall not enter into a settlement of the foregoing without TBF's prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from TBF.
By using this site you acknowledge that, TBF has no control over the quality, safety, legality or accuracy of Member Content, the ability of sellers to sell items or the ability of buyers to pay for items. TBF cannot ensure that a buyer or seller will actually complete a transaction. As a result, in the event that you have a dispute with one or more Members, you shall release TBF and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and TBF with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and TBF, subject to any specific agreement governing Services subscribed by you through this Site. This Agreement may be modified only by a signed agreement, or as follows: TBF may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If you continue to use the Materials, Services, or Site, then you will be considered to have accepted the modifications.
MISCELLANEOUS PROVISIONS. TBF's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
TBF will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of TBF including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities. The parties agree that this Agreement shall be written in English only.
GOVERNING LAW AND JURISDICTION. This Site (excluding linked sites) is controlled by Mediagrif Interactive Technologies Inc., the parent company of TBF, from its offices within the Province of Québec, Canada. By accessing this Site, you and TBF agree that the statutes and laws of the Province of Québec , without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and TBF also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of the Province of Québec with respect to such matters. TBF makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.