1. Intellectual property rights
Unless otherwise stated, Building Stack (and its licensors, if any) owns all intellectual property rights in the Site, including, without limitation, the underlying HTML, software, text, images, video and audio content and related service marks (collectively, the “ Content ), or has obtained permission from other owners of the intellectual property of the Content to display the Content on the Site. All Content is protected by, among other things, the Canadian Copyright Act, or the provisions of any other law, in Canada and abroad.
You agree to abide by all applicable patent, trademark, copyright and other laws where applicable, as well as any additional notices and restrictions on the Site. Any use of materials on the Site other than as permitted in these Terms of Service, including reproduction, modification, distribution or republication, without the prior written permission of Building Stack is absolutely prohibited. Nothing herein shall be construed as constituting a sale or other transfer of ownership to you in or with respect to the Content or the Site.
2. External links
You understand that certain portions of the Content on the Site may include materials or information from third parties and links to third party websites. Building Stack does not control such third-party websites, and these Terms of Service do not apply to websites that Building Stack does not own or control, or the actions of persons who are not employees of nor managed by Building Stack. In no event shall Building Stack or its licensors be responsible for any content, products, or other materials available on or from such websites.
3. License Restrictions
You agree to use the Site only for lawful purposes and in a manner that does not infringe any rights or restrict or interfere with any person’s use of the Site. You may not use the Site for any purpose that is unlawful or in a manner inconsistent with these Terms of Service. You may not, without limitation: (i) reproduce the Site or any materials and/or Content therein; (ii) create derivative works based on the Site or the material and/or Content therein or incorporate them into any of your own services; (iii) use the Site or the materials and/or Content therein for any commercial purpose or for any public display, public performance, sale or rental; (iv) distribute the Site or the materials and/or Content therein, except as expressly provided on the Site; or (v) remove any copyright or other proprietary notices from the Site and/or any Content therein; (vi) circumvent any encryption or other security tools used anywhere on the Site (including stealing usernames and passwords or using someone else’s username and password person) ; (vii) use any data mining, robots or data harvesting and similar extraction tools on the Site; (viii) decompile, reverse engineer, modify or disassemble any of the software aspects of the Site and/or the Content; or (ix) sell, rent, license, sublicense, transfer, distribute, retransmit or otherwise assign to any third party the materials and/or Content or any of your rights to access and use the materials and /or the Content granted to you above. You agree to cooperate with Building Stack in the immediate cessation of any unauthorized use.
4. Your content
You are solely responsible for any content that you upload, email, post or transmit through or to the Site, including documents, text, graphics, videos, messages, forum postings, your profile, comments, questions or any other materials (collectively, “User Content”). Building Stack reserves the right to use, maintain and transfer User Content that is collected, posted or uploaded to the Site by our users. Each time you submit User Content to the Site, application or web portal, you agree to grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable right and license to use your User Content. You hereby represent and warrant that you have the right to grant us such right in your User Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims arising from this one.
5. EXCLUSION OF LIABILITY AND WARRANTY
BUILDING STACK PROVIDES THE SITE AND ITS CONTENT, MATERIALS, INFORMATION, INCLUDED SOFTWARE AND PRODUCTS, AND SEPARATE SERVICES PERFORMED BY THIRD-PARTY CONTRACTORS, FOR USE “AS IS”, “AS IS”. LOCATION” AND “WHERE THEY ARE AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDING STACK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, QUALITY, – INFRINGEMENT OF OWNERSHIP, PERFORMANCE, COMPATIBILITY, SECURITY, OR ACCURACY.
Building Stack does not warrant that the Site will operate uninterrupted or error-free, or that the Site will always be available or free of any malicious component, or that it will be secure, protected against unauthorized access, from any damage, free from any failure, bug or failure, including but not limited to hardware failures, originating either from Building Stack or its suppliers.
Building Stack reserves the right to upgrade or modify the Site with or without notice and you agree that such modifications may result in your being unable to access the Site. Building Stack reserves the right to temporarily suspend or interrupt the Site for periodic maintenance of the Site.
Certain snippets of Content on the Site are provided to Building Stack by third parties (the “ Content Providers ”). You must conduct your own due diligence with respect to all Content on the Site. The Content Providers disclaim all representations and warranties as to the accuracy of the Content and disclaim all liability for any errors, omissions or inaccuracies in the Content. Content Providers may update and/or modify the Content at any time without notice.
IN NO EVENT SHALL BUILDING STACK, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, CONTENT PROVIDERS, SUBCONTRACTORS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES OR LOSSES ( INCLUDING LOSS OF PROFITS AND LOSS OF DATA), ANY OTHER COSTS, ANY OTHER EXPENSES AND ANY PAYMENT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, OR ANY FAULT OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR YOUR RELIANCE ON SITE CONTENT, OR THE RETENTION, DELETION, DISCLOSURE, AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SITE. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN OR DOWNLOAD ANY CONTENT, MATERIALS OR DATA THROUGH OR FOR USE OF THE SITE AT YOUR OWN RISK AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIALS OR SUCH DATA. FURTHER, BUILDING STACK DOES NOT WARRANT THAT ANY INFORMATION ACCESSIBLE THROUGH THE SITE IS ACCURATE, COMPLETE OR CURRENT.
Your use of the Site may be subject to various local, provincial, state, national or international laws, and your rights may vary from jurisdiction to jurisdiction. Because some countries do not allow the limitation of warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision herein shall be enforceable only to the extent prohibited by applicable law.
You agree to release, defend, indemnify and hold Building Stack (and its shareholders, officers, directors, agents, subsidiaries, joint ventures, employees, Content Providers and third party service providers) harmless from any and all claims, demands, losses, liability, any costs, expenses, obligations and damages of any kind, known and unknown, including reasonable legal fees, arising out of (i) your use of and access to the Site; (ii) your breach of any provision of these Terms of Service; (iii) your violation of any law or the rights of a third-party (including, without limitation, any copyright, property, or privacy right); or (iv) any claim relating to any content submitted by you that caused damage to a third party. You agree to promptly notify Building Stack in writing of any such claim. This indemnification obligation will survive the termination of these Terms of Service and your use of the Site.
7. General conditions
By submitting comments, feedback, bug reports, or product suggestions to us, you acknowledge and agree that Building Stack is free to use any ideas, concepts, know-how, or techniques you provide. for any purpose, without having to pay you.
You must not modify, adapt or hack the Site or modify any other website in such a way as to falsely suggest that it is associated with the Site or with Building Stack.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site, use of the Site, or access to the Site without our express written permission.
You understand that the technical processing and transmission of the Site, including your content, may be transferred in the clear and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connected networks or devices.
You must not upload, post, host, or transmit unsolicited emails, SMS messages or spam. You must not transmit worms or viruses or any other code of a destructive nature.
Building Stack’s failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held to be void, unenforceable or otherwise unenforceable by a court having jurisdiction, that provision will be enforced to the extent permitted by law in order to maintain the intent intended by these Terms of Service. and in this respect, shall not affect the other provisions hereof.
The headings and titles appearing in these Terms of Service are provided for information purposes only and cannot influence the interpretation of this agreement.
Last update: May 25, 2020