Terms and Conditions

Last Updated: November 1, 2018

These Terms and Conditions of Use ("Terms") apply to your access and use of the MedalBook website, content, products, and services (the "Services"), operated and owned by MedalBook Inc. (“MedalBook”). Please read them carefully.

1. ACCEPTING THESE TERMS

If you access or use the Services, it means you agree to be bound by all of the terms below. Please read all of the terms. If you do not agree to all of the terms below, please do not use the Services. Please carefully review the section entitled “Limitation of Liability”, prior to accessing the Services.

MEDALBOOK HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, AUTHENTICITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED; THE TRUTH OR ACCURACY OF USERS' CONTENT OR LISTINGS; THE ABILITY OF SELLERS TO SELL ITEMS; THE ABILITY OF BUYERS TO PAY FOR ITEMS; OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN AN ITEM.

2. CHANGES TO THESE TERMS

MedalBook may revise these Terms at any time without notice by updating this posting. By use of the Services, you agree to be bound by any such revisions and should therefore periodically review these Terms to determine the current Terms to which you are bound.

3. LICENSE

Subject to your compliance with the Terms, we grant you a limited, revocable, non-exclusive, non-assignable, and non-sublicensable license to access and use any content, information and related materials that may be available through the Services. You agree that you will not license, distribute, and make derivative works, display, sell, or “frame” any part of the Services. The Services and the rights herein are, and shall remain the property of MedalBook. Use of the Services does not convey or grant you any ownership rights other than the limited license granted above.

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to MedalBook and/or its partners or applicable third parties.

4. USE OF THE SERVICES

You are required to register for and maintain an active personal user services account (“Account”) prior to using the Services. You must be 18 years of age, or the age of legal majority in your jurisdiction. You may be required to submit certain Personal Data (as defined in Section 9), and when applicable, an acceptable valid payment method. You agree to maintain an accurate, complete and up to date Account. Failure to maintain an accurate, complete, and up to date Account may result in an inability to access or use the Services. You may not provide false information or create an account for anyone other than yourself.

You agree to maintain the security and secrecy of your Account username and password at all times. You are responsible for all use and activity on your Account. You may not authorize third parties to use your Account. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes.

5. USER-GENERATED COMMENTS AND REVIEWS

You may post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. MedalBook does not support, sympathize or tolerate pro-Nazi statements or ideas. MedalBook reserves the right (but not the obligation) to remove or edit such content.

If there is any content on the Services created by you or other third parties, we do not review, verify, or authenticate it. Any content on the Services created by you or other third parties may include inaccuracies or false information. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify MedalBook for all claims resulting from content you supply. We do not make any representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy, or completeness of any user-generated or third party content contained in the Services. You acknowledge sole responsibility for, and assume all risk arising from your use of or reliance on any such content.

6. HYPERLINKS

MedalBook makes no claim or representation, and accepts no responsibility for, third party websites accessible by hyperlink from the Services or websites linking to the Services. When you leave the Services, you should be aware that these Terms and our policies no longer govern.

7. NO REPRESENTATIONS OR WARRANTIES

MedalBook makes no representations or warranties that the Services are free of defects, viruses, or other harmful components. MedalBook shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Services. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Services. You agree to hold MedalBook harmless from, and you covenant not to sue MedalBook for, any claims based on the use of the Services, including claims for lost data or lost profits resulting from use of the services provided. MedalBook disclaims all representations and warranties of any kind, express or implied, or statutory, not expressly set out in these terms, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, MedalBook makes no representation, warranties, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, or that the Services will be uninterrupted or error-free. MedalBook does not guarantee the quality, suitability, or safety of the information provided to you. You agree to assume the risk arising out of your use of the Services. This risk remains solely with you, to the maximum extent permitted under applicable law.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MEDALBOOK, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PROPERTY DAMAGE, OR ANY OTHER DAMAGE WHATSOEVER IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MEDALBOOK HAS BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; MEDALBOOK’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MEDALBOOK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELINACE ON THE SERVICES OR YOU INABILITY TO ACCESS OR USE THE SERVICES. MEDALBOOK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MEDALBOOK’ REASONABLE CONTROL.

MEDALBOOK SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO, ANY OF THE FOLLWING, REGARDLESS OF WHETHER FOUND IN CONTRACT, LOSS DUE TO THE USE OR MISUSE OF THE SERVICES, AND MONETARY, GENERAL, OR ANY OTHER CLAIM RELATING TO USE OR MISUSE OF THE SERVICES.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

9. INDEMNITY

You will indemnify and hold harmless MedalBook and its subsidiaries, affiliates, licensors, service providers, employees, agents, officers and directors, from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Services or the services or goods obtained through your use of the Services; (b) your breach or violation of any of the Terms, representations, warranties, or agreements referenced in the Terms, or any applicable law of regulation; (c) MedalBook’ use of your information provided by you in your Account; (d) your violation of the rights of any third party, including any intellectual property right of publicity, confidentiality, or other property or privacy right; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). In such an event, you agree to cooperate with our defense of that claim.

10. PRIVACY

Your privacy is important to us. MedalBook will use all commercially reasonable efforts to ensure the privacy and security of your data and Account information. When you use the Services, MedalBook may collect personal data, including but not limited to, name, date of birth, e-mail, postal addresses, telephone number(s), product interest information, and in certain circumstances, your comments, suggestions, ideas, opinions and product interests. (“Personal Data”). This information is only collected with your express permission. For additional information, please visit our Privacy Policy.

11. GOVERNING LAW AND DISPUTE RESOLUTION

You agree that the validity, operation, and performance of the Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (notwithstanding conflict of the laws rules), and both you and MedalBook expressly and irrevocably attorn to the jurisdiction of the courts of Ontario with respect to any matter or claim, suit, action, or proceeding arising under or related to the Terms.

12. TERMINATION

MedalBook reserves the right to terminate your access to use of the Services at any time without notice for any reason whatsoever. MedalBook will not be liable to you or any third party for any termination of your access to the Services.

13. PAYMENT

Certain features or parts of the Services may be subject to a subscription or user fee (“Charges”). Charges are in United States Dollars and will be subject to applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by MedalBook. All Charges are due immediately and payment will be facilitated by MedalBook using the preferred payment method designated by you in your Account, upon which you will be sent a receipt by email. You agree that MedalBook may use a secondary payment method provided by you in your Account, if available, when or if your primary payment method is determined to be expired, invalid or otherwise not able to be charged.

14. QUESTIONS & CONTACT INFORMATION

We welcome your feedback regarding our Services. If you have any questions or suggestions regarding these Terms, please contact us at [email protected].