1. General Rules and Definitions
1.1. This Agreement constitutes the agreement between
Spark Publishing Corp. ("Spark Publishing") and you as a user
who accesses or establishes a connection to the website
and internet service known as MallsandOutlets.com ("Service"),
which is owned and controlled by Spark Publishing.
1.2. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Agreement. You must agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service and your use of the Service constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Service and for ensuring that your use complies fully with the provisions of this Agreement.
1.3. Spark Publishing reserves the right, in its sole discretion, to change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement will be deemed your acceptance of the changes.
1.4. Spark Publishing reserves the right, in its sole discretion, to change, suspend, limit, or discontinue any aspect of the Service at any time. Spark Publishing may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
1.5. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
2. MallsandOutlets Content
2.1. The contents of the Service are intended for your
personal, noncommercial use. You will use the Service
and any content, material, or information found on the
Service solely for lawful, non-commercial purposes.
All materials published and provided on the Service
("Content") are protected by copyright, trademark,
and other applicable intellectual property and proprietary
rights laws and is owned, controlled, and/or licensed
by Spark Publishing or the party credited as the provider of
the Content. "Spark Publishing", "MallsandOutlets",
and "MallsandOutlets.com" are trademarks of
Spark Publishing. You shall abide by all copyright notices, information,
or restrictions contained in any Content accessed through
2.2. The Service and its Contents are protected by copyright pursuant to Canadian and international copyright laws. You are permitted to print or download extracts from these pages for your personal non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of Service may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
2.3. Spark Publishing reserves the right to collect, to use, and to distribute demographic data about you and your use of the Service in forms that do not identify you individually or reveal your identity.
2.4. Spark Publishing may contain links to other related World Wide Web Internet sites, resources, and sponsors of Spark Publishing. Spark Publishing is not responsible for the availability of these outside resources or their contents.
3. Disclaimer of Warranties & Limitation of Liability
3.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS
SOLE RISK. NEITHER SPARK PUBLISHING, ITS AFFILIATES, NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES
FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SERVICE.
3.2. THE SERVICE AND ALL CONTENT, MATERIAL, INFORMATION,
POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.3. IN NO EVENT WILL SPARK PUBLISHING (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SPARK PUBLISHING (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING
You agree to defend, indemnify and hold harmless Spark Publishing (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. Spark Publishing reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
Fees and Payments
Spark Publishing reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Service, or any portions of the Service. If Spark Publishing elects to charge fees, it will post notice on the Service of all provisions pertaining to fees and payments.
Notices between Us
You will contact us by sending electronic mail to help[AT]mallsandoutlets[DOT]com. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Service.
Spark Publishing may terminate this Agreement and your use of the Service at any time. Spark Publishing shall have the right immediately to terminate your use of the Service in the event of any conduct by you which Spark Publishing, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Law Governing Performance and Disputes
You agree that the terms of this Agreement and any rights, duties and obligations as between you and Spark Publishing shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without reference to any conflict of laws principles that require the application of the law of a different jurisdiction.
You further agree that any action at law or in equity involving Spark Publishing shall be brought solely within the Province of Ontario. You agree to submit to the exclusive jurisdiction and venue of the courts of the province of Ontario and the Federal Courts situate therein, and to waive any objections as to inconvenient forum. Notwithstanding this, you agree that Spark Publishing shall still be allowed to seek interim, interlocutory and permanent injunctive remedies, or equivalents thereof, in any jurisdiction.
You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement and any posted rules on the Service established
by Spark Publishing constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver
by either Spark Publishing or you of any breach or default under
this Agreement shall be deemed to be a waiver of any
preceding or subsequent breach or default. This Agreement
shall be binding upon and inure to the benefit of Spark Publishing
and its successors, trustees, and permitted assigns.
Spark Publishing may assign this Agreement, or any of its rights
or obligations under this Agreement, with or without
notice to you.