Buy & Sell Terms and Conditions of Use

The Buy & Sell is organized by www.signmedia.ca (the “website”) and is the property of Kenilworth Media Inc (“Kenilworth”, “us”, “we” or “our”).  By using (or posting to) the Buy & Sell section of the website you agree to be bound by these Buy & Sell Terms and Conditions of Use, in addition to the Site Terms of Use.

Posting

• When posting you will not:
  • violate any laws;
  • post a ‘for sale’ or ‘needed’ item that is illegal to own, buy or sell in your area of residence;
  • post duplicate items in multiple categories (simply to increase exposure of a post);
  • post an item that serves no other purpose other than to send traffic to a website (items must be legitimately ‘for sale’/’needed’);
  • create postings for jobs;
  • create posts containing ‘personal ad’ type of information or content that is deemed adult, mature or erotic, and/or contains foul language;
  • create a post that is in a language other than English or French
  • create a post containing any content that is slanderous, defamatory or could be considered “hate speech” of any kind;
  • be false or misleading or contain content that is deliberately misleading ;
  • post anything that infringes on any third-party right, including, but not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale);
  • distribute or post anything that contains spam;
  • distribute viruses or any other technologies that may harm the website or the interests or property of website users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the website;
  • copy, modify, or distribute any other user’s content;
  • use any robot, spider, scraper or other automated means to access the website and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to the website.

• You must be 18 years of age and/or have reached the age of majority in the province in which you reside to post.

• By creating a post on the website, you are granting your irrevocable, perpetual permission and consent to Kenilworth and others authorized by Kenilworth, without further compensation or attribution, to use, reproduce, print, publish, transmit, communicate to the public, distribute, sell, perform, adapt, enhance or display your posting for editorial, advertising, commercial and publicity purposes, in any and all media now in existence or hereinafter created, throughout the world, for the duration of the copyright of the posting. You also grant us the right, but not the obligation, to use your personal information including, without limitation, your name, in any and all media now in existence or hereinafter created, in connection with the promotional or other use or publication of your post. You waive any and all claims you may now or later have in any jurisdiction to “moral rights” or equivalent rights of authorship with respect to the post. Kenilworth and/or others authorized by the Kenilworth shall have the right to edit, adapt, and modify the posted content.

General Usage

• You may not post, ‘for sale’ or ‘needed’ items or services that are illegal to own, buy or sell in your province of residence, or that are not bought or sold in compliance with applicable laws and regulations. You are responsible for ensuring compliance with all applicable laws relating to the item(s) you post, buy or sell.

• Posts in the Buy & Sell section of the website are created from information submitted by users of the website. Kenilworth does not guarantee the accuracy of this information, or any other communications (collectively “information”), that may take place between users, and we cannot assume responsibility for errors of relevance, fact or omission. Kenilworth also cannot guarantee the quality, safety, or legality of the information. Accordingly, we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Under no circumstances will Kenilworth be responsible or liable for any loss or damage, including but not limited to money, profit, goodwill or reputation, and/or including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of the Buy & Sell section, or any information posted in the Buy & Sell section or, or any interactions between users of the Buy & Sell section, whether online or offline.

• The Buy & Sell section may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer, tablet or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to user’s or to any other person’s computer, tablet, mobile phone, or other hardware or software, related to or resulting from using or uploading or downloading materials in connection with the web and/or in connection with the website and the Buy & Sell section.

• Kenilworth has no obligation to review the posts, either before or after they are submitted. However, we reserve the right to review the Buy & Sell section and may, edit, delete or remove (without notice) any posts at our sole discretion, at any time and for any reason or no reason, including posts that in our sole judgment violate these Buy & Sell Terms and Conditions of Use, the Site Terms of Use and/or our Privacy Policy, 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 information (including images) you submit or store on the website or provide to us.

• We reserve the right, at our sole discretion, to limit or terminate access to the Buy & Sell section, delete your profile and any content or information that you have posted on the website and/or prohibit you from using or accessing the Buy & Sell (or any portion, aspect or feature thereof) for any reason, or no reason, at any time at our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Buy & Sell section and/or terminate the account of any user who violates these Buy & Sell Terms and Conditions of Use or infringes any intellectual property rights of others.

Governing Law; Venue and Jurisdiction

These Buy & Sell Terms and Conditions of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of law provisions. The user hereby irrevocably consents to the jurisdiction of the Courts in the Province of Ontario with respect to any matters of issue herein.

Indemnity

You agree to indemnify and hold Kenilworth, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any information (including images) you post in the Buy & Sell section, your use of the Buy & Sell section, your conduct in connection with the Buy & Sell section or with other users of the By & Sell section, or any violation of these Buy & Sell Terms and Conditions of Use or of any law or the rights of any third party.

Entire Agreement and Severability

These Buy & Sell Terms and Conditions of Use and Site Terms of Use constitute the entire agreement between you and us regarding the use of the Buy & Sell section, superseding any prior agreements between you and us relating to your use of the Buy & Sell section. Our failure to exercise or enforce any right or provision of these Buy & Sell Terms and Conditions of Use and Site Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provisions of these Conditions are held invalid, the remainder of these Conditions shall continue in full force and effect. If any provision of these Buy & Sell Terms and Conditions of Use and Site Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Conditions and shall not affect the validity and enforceability of any remaining provisions.