Description of Service
Kilby Historic Site is providing Member with an online resource for uploading, hosting and sharing files. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties
The www.kilby.ca site is provided by Kilby Historic Site on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Kilby Historic Site makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Kilby Historic Site shall have no liability for any interruptions in the use of this web site. Kilby Historic Site disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion may be inapplicable.
Limitation of Liability
Kilby Historic Site SHALL NOT be liable for any damages whatsoever, and in particular Kilby Historic Site shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Kilby Historic Site has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Member agrees to indemnify and hold Kilby Historic Site, its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Kilby Historic Site reserves the right to modify or discontinue the Service with or without notice to the Member. Kilby Historic Site shall not be liable to Member or any third party should Kilby Historic Site exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Kilby Historic Site does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Disclaimer Regarding Information Provided by Users
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post or otherwise make available via the Service. You understand that Kilby Historic Site does not control, and is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You acknowledge that Kilby Historic Site does not pre-screen or approve Content, but that Kilby Historic Site shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You agree not to use the Service to transmit any Content that contains pornography, infringes upon a copyright, or violates applicable state, federal, or international laws, regulations or other government requirements.
Kilby Historic Site can make no representations or warranties as to the accuracy or reliability of any information provided on this web site. Kilby Historic Site makes no warranties or representations whatsoever with regard to any product provided or offered by any user who posts content on the web site, and you acknowledge that any reliance on representations and warranties provided by any user shall be at your own risk.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Kilby Historic Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Kilby Historic Site is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Kilby Historic Site, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Governing Jurisdiction of the Courts
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright 2009 Kilby Historic Site, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kilby Historic Site is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Kilby Historic Site.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Kilby Historic Site designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Email (Recommended for Fastest Response):
Kilby Historic Site
Attn: Intellectual Property
215 Kilby Road
Harrison Mills, B.C. V0M 1L0
Copyright 2003-2014 Kilby Historic Site. All Rights Reserved.