Overview:n49 is an online business directory and networking site which allows users to upload business information, media, opinions, and a profile. n49 is owned and operated by N49 Interactive Inc.
Please read these Terms carefully. By registering with or visiting n49, you agree to be bound by these Terms. If you do not agree with these Terms, please leave the website immediately and cease using any services associated with the site. From time to time, in order to access certain services associated with the site, you may be required to download software or agree to additional terms, conditions, rules or guidelines. All such additional terms are hereby incorporated into these Terms.
Eligibility: The site and our services may only be used by individuals who are able to form legally binding contracts under applicable law. Without limiting the foregoing, the site and our services are not available to children, unless their use of the services and the site is under the supervision of a parent or legal guardian. Individuals under the age of 18 should not use this site at all.
Use of the Site:You may use this site to search for business recommendations from other users, and to recommend businesses. You may search this site's database for business contact information, reviews, favourites, and images and video related to businesses and other users. You may forward business information and reviews to friends, whether or not they are members of the site. You may invite friends and business owners to join the site. You may add information, images, videos, or reviews to any part of the site not restricted.
Site is Only a Venue:
n49 is a venue for Users. You are solely responsible for Your Account, the content you post and your interactions with other Users. n49 reserves the right, but has no obligation, to monitor the Site, any content or any disputes between you and other Users.
Fees:n49 does not charge members any fees for use of the site. n49 does not charge business owners to list their business on the site. Business Owners may elect to purchase a paid membership, available at numerous price points, which allow for greater visibility, or other benefits. The terms of these memberships may change at the discretion of n49. However, in the future, n49 may charge for any of the services and may change its fees from time to time in its sole discretion. If Your Account has been terminated by n49 because you have not complied with these Terms, you will not be entitled to any refunds.
Your Account:Your Profile is the information that you choose to make public to other Users of the Site. Your Account includes personal information we need for registration which is not made available by us on the site. Information you provide as part of Your Profile may be viewed by anyone accessing the Site. Please choose carefully the information you post on the Site and that you provide to other Users. Do not post anything that you would not want the world to know about (for example, your phone number, last name, address, Password, or your exact whereabouts). Do not post anything that would embarrass you later.
n49 reserves the right to delete any content posted by Users that, in the sole judgment of n49 violates these Terms.
You have the option of marking images or portions of your profile private. These images and information will never be made public on the site without your consent. However, we CAN NOT GUARANTEE that these images will never be downloaded by third parties, though n49 works to prevent such an event.
Intellectual Property:By posting any content to the site, you grant to n49 a non-exclusive, irrevocable, perpetual, fully-paid and royalty-free worldwide license (with a right of sublicense through unlimited levels and numbers of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute such content in any form or media, whether now known or later discovered. You represent, warrant and covenant that (i) you own the copyright to the content posted by you or otherwise have the rights to grant the licenses herein; and (ii) posting of the content and/or the use by n49 or any other person of the content in connection with any services will not violate any contract or intellectual property rights, or any rights of privacy or personality, of any person. You may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you on the site or used in connection with any of the services.
The site and the services contain intellectual property belonging to n49. All n49 content is protected by copyright, trademark, patent, and other laws. n49 owns and retains all rights to the n49 content and to the site and the services. n49 hereby grants you a limited, revocable and non-sublicensable license to display and reproduce the n49 content (excluding any software code) solely for your personal use in connection with viewing the Site and using the services.
Logos Featured on the Siten49 displays the logos of many businesses, logos which n49 does not own of have license to. These logos are protected by copyright and/or trademark. It is believed that the use of low-resolution images of logos to illustrate an organization, event, or item on n49 is considered fair dealing under the Canadian Copyright Act. Any other uses of these images, on n49, or otherwise, may constitute copyright infringement.
Making Claims of Copyright InfringementIf you believe that any material or content distributed by n49 constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Code of Conduct:The site and services may only be used for lawful purposes. You may not use the site or services to transmit, post, distribute or store any material or conduct any activities in violation of any applicable local, provincial, federal or foreign law or regulation. You agree to comply with any applicable laws, statutes, bylaws and regulations in your use of the site and our services. You agree not to use the site or services in any manner that violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of n49 or any third party, expose n49 to civil or criminal liability, or violate this Agreement. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your activities and for verifying that other Users with whom you communicate do the same.
The site and the services are for personal use of Users only and may not be used in connection with any commercial endeavours, except those specifically endorsed or approved by n49. No one may collect usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email. Unauthorized framing or linking to the site is prohibited. Commercial advertisements, links and other forms of solicitation are prohibited and may be removed without notice.
You may not, nor may other allow you to:
Monitoring of Informationn49 is committed to maintaining a positive and safe online community. We reserve the right to, but are not required to, monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
Disclosure and Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any n49 related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE n49 AND ITS RELATED SERVICES AT YOUR OWN RISK. n49'a SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. n49 PROVIDES ON-LINE BUSINESS INFORMAITON AND NETWORKING TOOLS TO BUSINESS OWNERS, MEMBERS OF THE PUBLIC AT LARGE, AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO MEMBERS THROUGH THE n49 WEBSITE AND OTHER MEANS OF DISTRIBUTION. n49 DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON n49. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY n49 IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY n49, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL n49, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY n49 AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE n49 OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE n49 WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER n49 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 CDN DOLLARS. INDEMNITY
You hereby agree to indemnify, defend and hold harmless n49 and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. n49 reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.