Terms of Service
Terms of Service
- I am Tarek Riman, Marketing Strategist and owner of Cap.TaiM Marketing Inc. ( “us”, “we”, “I” or “our”), a corporation registered under the laws of Canada.
- I provide you (“user”, “your”) with services in person and/or, delivered via my website currently located at captaim.com mobile applications and/or any other platform or media through which I make such services available (collectively, the “Services”).
- Visitors are people who do not register but want to explore the Services. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the website mobile applications and/or any other platform or media through which I make my services available; and (ii) email me.
- Registered Users can do all the things that Visitors can do, and namely: (i) purchase products and services; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts; (iv) post comments and other content (collectively, “Third Party Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Cap.TaiM Marketing community.
- I reserve the right to change these Terms of Service from time to time. I will usually inform you of any changes by posting the updated Terms of Service on my website. If I make any material changes to these Terms of Service, I will post a notification on the website or notify you via email and/or by asking you to review the changes to these Terms of Service the next time you login to access the Services. Your continued use of the Services after the time the changes are communicated will indicate your acceptance of the Terms of Service, including those changes.
- Account and Profile
- By using the Services, you represent and warrant that: (a) all required registration information you submit either as part of the registration process or by your registration through a Partner Community is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older or are supervised by your parents; and (d) your use of the Services does not violate any applicable law or regulation. Your Profile may be deleted without warning if we have reason to believe that you do not meet these eligibility requirements.
- When you sign up to this website, you will be asked to choose a username and a password for your Profile, or I may assign a password to you that you may change. You are entirely responsible for maintaining the confidentiality of your password and all use of your Profile. You agree not to use the Profile, username, or password of another Member. You agree to notify me immediately if you suspect any unauthorized use of your Profile or access to your password.
- Multiple accounts held by the same individual may be subject to deletion. Accounts may not be created or used with the primary intention to promote a product or service unless expressly authorized and any such accounts may be subject to deletion.
- You may delete your Profile and end your account at any time, by contacting [email protected]. We may restrict, deactivate or terminate your account for any reason.
- You understand that termination of these Terms of Service and your Profile may involve deletion of your Profile information from our live databases without the ability to reactivate or restore features of the account, but that our servers may maintain such information for archival or legal purposes. We will not have any liability whatsoever to you for any restriction or termination of your Profile or related deletion (or retention, as stated above) of your information.
- The Services are made available to you for your non-commercial use only. You may not use to promote a product or service. You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with the Services. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or that could interfere with any other party’s use and enjoyment of the Services. You may not use any third-party APIs, software, tools or scripts to access the website or the underlying technology, unless expressly authorized in writing by .
- INTELLECTUAL PROPERTY OWNERSHIP. You acknowledge that I own all right, title and interest in and to the Services, including without limitation, all underlying software and technology and all Intellectual Property Rights in relation to the Services. “Intellectual Property Rights” means any and all intellectual property rights existing from time to time in any part of the world under applicable law, including without limitation applicable patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide. grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided to you as part of the Services for the sole purpose of your use of the Services to the extent permitted under these Terms of Service.
- The Services contain different types of Content: Content, Third Party Content and User Content. “Content” means any and all postings, e-mails, messages, recommendations, comments, quotes, text, files, images, photos, video, sounds, works of authorship, feedback, or other materials. Each type of Content has different rules and restrictions, as set forth below:
- I own or control all right, title and interest in the Services and in the Content that I have placed on and within the Services, including its logos, trademarks and all other Intellectual Property Rights (“ Content”).
- Content from other Users, advertisers and other third parties may be made available to you through the Services or and/or any other platform or media through which I make such services available as you interact with me (“Third Party Content”). You may add or recommend such Third Party Content to the Services and to other Users by using a recommendation feature such as a like and you may share Third Party Content with others through e-mail, messaging or through your social network using a share feature.
We do not filter or otherwise exercise control over such Third Party Content. Accordingly, you agree that we are not responsible for any such Third Party Content, including advertising and/or information about third-party products or services. We make no guarantees about the accuracy, currency, suitability, quality or legality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content.
We are not responsible for Third Party Content that contains or delivers viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies.
- Use Guidelines:
You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Websites to engage in any commercial activities;
- You will not access or use the Websites to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
- You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
- Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services and deletion of your Profile.
- In order to cooperate with legitimate governmental or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Profile information (i.e. name, e-mail address, etc.), IP address, traffic information, usage history and posted Content.
- The Services are provided “as is” and on an “as available” basis, with no warranties whatsoever. I expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and non infringement of proprietary rights. disclaims any warranties regarding the security, reliability, timeliness, availability, quality and performance of the Content and the Services. disclaims any responsibility for any harm resulting from your viewing of the Content and use of the Services. You understand and agree that you view the Content and use the Services on your own volition, at your own discretion and risk and that you will be solely responsible for any injury to you, damages to your computer system or loss of data that results from your viewing of the Content and use of the Services.
- Under no circumstances shall I be liable to any User on account of that User’s use or misuse of the Content or the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if has been advised of the possibility of such damages). This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Content or Services, from inability to use the Content or Services, or from the interruption, suspension, or termination of the Content or Services (including such damages incurred by third parties).
- You hereby release me, and when applicable, my officers, employees, investors, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death and property damage, that is either directly or indirectly related to or arises from (i) any interaction you have with other Users, or (ii) your participation in any of our offline events ou (iii) any use of Content and/or Services.
- You agree to defend, indemnify and hold me, and when applicable my officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Content or Services or your violation of these Terms of Service. .
- The Services may contain links to third party websites, applications and/or services (“Third Party Services”) (i) placed by us as a service to those interested in this information; or (ii) posted by other Users. We may also place links or enable interoperability to Partner Communities or use other means that allow you to connect to Partner Communities to give you more possibilities. You use all such links to Third Party Services and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience and such links to Third Party Services or Partner Communities do not imply our endorsement, adoption or sponsorship of or affiliation with such Third Party Service or Partner Community.We accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature or reliability of Third Party Services or Partner Communities or links from those third parties back to the Services.
- If you have comments on the Services or ideas on how we might improve, please contact us here captaim.com/contact/ . You acknowledge and agree that if you submit any comments, content or ideas to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments and ideas for any purpose. The licenses granted under this Section shall survive the termination or expiration of these Terms of Service.
- If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to first contact us directly by going to the “Contact Us” page located here.
- These Terms of Service shall be governed in all respects by the laws of the Province of Quebec. You agree that any claim or dispute you may have against must be resolved by a court located in Montreal, Quebec, except as otherwise agreed by the parties or except if the parties have opted for arbitration. You agree to submit to the personal jurisdiction of the courts located within Montreal, Quebec for the purpose of litigating all such claims or disputes.
- If for any reason a court of competent jurisdiction finds any provision or portion of this Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination.
- This Terms of Service constitutes the entire agreement between the parties with respect to the subject matter and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by .