TofS for suppliers registering (advertising) on the Major Projects: Campbell River website.
Terms of Service Agreement
A. The Chamber is operating a Business Listing Portal which provides a space for local businesses to advertise their services and exhibit a business profile on the World Wide Web.
B. The Advertising Business is a business providing certain products or services for sale in and around Campbell River, and northern Vancouver Island.
C. The Advertising Business wishes to publicize its products and services and exhibit a business profile on the World Wide Web through the Local Business Portal.
The Parties therefore agree to the following TERMS OF SERVICE of the Local Business Portal:
1. Grant of LicenceThe Chamber grants a non-exclusive licence to the Advertising Business to advertise its services and post its business profile on the Business Listing Portal (which profile may include a link to the Advertising Business’s website) pursuant to the terms of this Agreement. The Chamber also grants a non-exclusive licence to the Advertising Business to provide a link from the Advertising Business’s website to the Local Business Portal.
2. Single Post
The Advertising Business is limited to posting one business profile only. If the Advertising Business posts more than one business profile on the Local Business Portal, the Chamber may immediately remove any post or content relating to the Advertising Business, at the sole discretion of the Chamber.
3. Acceptable Links
The Advertising Business agrees that it is solely responsible for the content of its business profile, including the truth and accuracy of said content. The Advertising Business will have reasonable access to the Local Business Portal for the purpose of creating and maintaining its business profile. The Chamber is not responsible for creating, editing, monitoring, or protecting, or responsible in any other way, for any content posted by the Advertising Business on the Local Business Portal.
4. Prohibited Content
The Advertising Business agrees that it will not post any content on any website, including the Local Business Portal, or in any other medium, that may reasonably:
- (a) imply endorsement or sponsorship by the Chamber;
- (b) disparage, discredit, or otherwise tarnish the Chamber or its reputation; or
- (c) disparage, discredit or otherwise tarnish the reputation of any other business or entity having a presence on the Business Listing Portal.
The Chamber may immediately terminate this agreement if the Chamber believes the Advertising Business has violated any of the prohibitions in this Section 4.
5. Other Prohibited Uses of Local Business Portal
The Advertising Business further agrees not to reproduce, retransmit, publicly display, perform, sell or rent any content of the Business Listing Portal, including logos, text, graphics, button icons, images, video or audio material, and software, all of which are protected under Canadian and international copyright, trade dress, and other laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Business Listing Portal is the exclusive property of the Chamber and protected by Canadian and international copyright, trade dress, and other laws. Commercial use of the Local Business Portal, or any material located on it, is strictly prohibited.
6. Use of Information
The Advertising Business acknowledges that any information it posts on the Local Business Portal will be publicly viewable. The Advertising Business further acknowledges that the Chamber is in no way responsible for any use of such publicly viewable information by any third party. The Advertising Business waives any rights of action which may lie against the Chamber for any third party use of any publicly viewable information provided by the Advertising Business on the Local Business Portal.
7. Protection of Information
The Chamber will not actively sell or otherwise disseminate any information or content provided by the Advertising Business under the terms of this agreement to any third party without prior written permission from the Advertising Business. Dissemination of information by viewing the Local Business Portal is expressly excluded from the application of this Section 7.
8. Revocability of Licence
The Chamber’s agreement to permit posting and linking by the Advertising Business remains revocable on 5 business days’ notice at the Chamber’s sole discretion. If the Advertising Business refuses to cease posting or linking upon notice, the Advertising Business acknowledges that such refusal will result in immediate irreparable and irremediable damage to the Chamber. The Advertising Business agrees that, in the event of such refusal, there is no adequate remedy at law and pursuant to the provisions of this Agreement, the Chamber will be entitled to relief in the way of temporary or permanent injunctions and such other and further relief as a judge may deem just and proper.
9. Control Over Linking Site
The Chamber takes no responsibility for the content or information contained in any advertisement or business profile posted by the Advertising Business on the Local Business Portal, or on the Advertising Business’s website. However, the Chamber reserves the right to edit or remove any content on the Local Business Portal which the Chamber deems, in its sole discretion, to be obscene, discriminatory, profane, or in any way inappropriate.
10. Ownership of Local Business Portal
The Local Business Portal is the exclusive property of the Chamber. Nothing in this Agreement grants any ownership interest in the Local Business Portal to the Advertising Business, and nothing in the Agreement will be interpreted or construed as granting any such ownership interest to the Advertising Business.
11. Disclaimer of Representations and Warranties
The Chamber makes no representations about the suitability of any information or services provided on or through the Local Business Portal for any purpose. The Local Business Portal is provided by the Chamber on an “as is” basis. The Chamber makes no representations or warranties of any kind, express or implied, as to the operation of the Local Business Portal, the information, content, materials, or products, included on the Local Business Portal. To the full extent permissible by applicable law, the Chamber disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Chamber offers no assurance of uninterrupted or error-free service. The Chamber does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the Local Business Portal. The Chamber my change any of the information found on the Local Business Portal or cease providing the Local Business Portal at any time without notice. The Chamber makes no commitment to update information found at the Local Business Portal. The Chamber will not be liable for damages of any kind arising from the use of or inability to use the Local Business Portal, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Advertising Business will defend, indemnify, save and hold harmless the Chamber, the Chamber’s registrants, officers, directors, agents, and employees from any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyers’ fees resulting from the Advertising Business’s breach of any material duty or representation contained in this Agreement or resulting from any third party’s use of the Local Business Portal or any inaccuracy in the Advertising Business’s advertisement, business profile or linked website. The Chamber reserves the right, at its own expense, to participate in the defence of any matter otherwise subject to indemnification by the Advertising Business.
Any notice, approval, request, authorization, direction, or other communication under this Agreement will be given in writing and will be deemed to have been delivered and given for all purposes:
- (a) on the delivery date if delivered by electronic mail;
- (b) on the delivery date if delivered personally to the party to whom the same is directed;
- (c) one business day after deposit with a commercial overnight carrier with written verification of receipt; or
- (d) five business days after the mailing date if sent by Canada Post.
Notice will be sent:
If to the Chamber:
- Campbell River Chamber of Commerce
- 900 Alder Street
- Campbell River, B.C.
- V9W 2P6
Electronic mailing address: email@example.com