Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE 604CITY.CA WEBSITE AND RELATED SERVICES (COLLECTIVELY, THE “SITE”), OWNED AND OPERATED BY CCUE CHINESE MEDIA INC. (“CCUE”, “US” or “WE”).

Access to and use of the Site is subject to CCUE’s Privacy Policy, rules, notices and policies which you may be directed to or are displayed in connection with the use of the Site, acknowledgements and consents you provide in the course of installing or using the Site and the terms and conditions set out below (collectively, the “Terms”). If you are accessing or using the Site on behalf of a business, that business agrees to the Terms as well. If you do not agree with these Terms, please do not access or use the Site.

We reserve the right to change these Terms from time to time by updating this posting. We also reserve the right to change the Site by adding or removing features, charging for its use, modifying it in any other way or discontinuing it entirely. CCUE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.  If we begin to charge for any use of the Site, you will not be charged until we obtain your agreement to pay any fees.

Restrictions on Use of Materials

The Site and its contents are the property of CCUE or its licensors, and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws.

CCUE grants you a limited, revocable, non-exclusive, non-assignable, individual license to use the Site and its contents solely in compliance with the Terms. This license is for personal, non-commercial and educational purposes only. You cannot use the Site in connection with any commercial enterprise, unless you obtain CCUE’s consent in advance. Other than the content you provide yourself (via the Site in the ordinary course), you are not permitted to alter the Site or any Site content. You may use the Site content for the purpose of posting and responding to classified advertisements for the sale of personally owned items within the Site and for the purpose of communicating with respect to transactions with other users of the Site, all in accordance with these Terms and with applicable law. No other use is permitted and all other rights not expressly granted in these Terms are reserved. Most of the content available on the Site is provided by users and others, and has not been verified by CCUE, so CCUE does not give any warranties about this content or any transactions that may be facilitated via use of the Site. Nothing contained herein shall be construed as conferring any right under any copyright of CCUE or any other person who owns the copyright in the content provided on the Site.

All trademarks and trade names are trademarks of CCUE or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on the Site does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks or trade names is strictly prohibited.

Jurisdiction and Governing Law

The Site is controlled and operated by CCUE. Its offices are located in Ontario, Canada. If you choose to access this Site from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms are governed by Ontario law, without giving effect to any principles of conflicts of law. You agree that any formal legal dispute arising out of or in connection with these Terms or the Site shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that, to the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

Registration

In order to be able to use this Site, post classified advertisements within it or communicate with other users of the Site, you will be required to register. Should you choose to register, you agree to provide accurate and current information, and to keep it accurate and complete. You acknowledge and agree that we may use your registration information to communicate with you, including via email, in relation to your account and use of the Site.

From time to time, we may allow you to register using certain social media login credentials, such as Facebook Connect. Should you choose to do so, you agree that we may collect, use and disclose your information from the social media account in accordance with these Terms. Our access to your personal information will vary according to the particular social media credentials used. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between CCUE and your social media account.

Keep your password secret. You are responsible for all use of your account. You agree to notify CCUE of any unauthorized use of your password or account.

CCUE reserves the right to suspend, cancel or permanently terminate your account at any time, in its discretion, if you provide false information, engage in any activities using the Site that are fraudulent, abusive, illegal or that violate our community guidelines, or if we believe you have violated these Terms. This suspension, cancellation or termination may be with immediate effect and without notice. If we detect or suspect that the Site is being used in breach of these Terms or for illegal activities (including but not limited to if we receive a request or order from a law enforcement authority or governmental agency for any information of a user), we reserve the right to report it to the relevant law enforcement agencies and you agree that we can provide them with your account information.

User Control and Uninstall

You can access and change certain user settings using the functionality of your desktop, tablet or mobile device. Uninstallation methods will vary depending on your device. For further information on user settings or uninstallation, please consult your device manual for reference or contact us at 604city@singtao.ca.

Representations and Warranties

You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to CCUE is accurate and complete; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms (including without limitation, if you are accessing or using the Site on behalf of a business, the authority to bind the business to these Terms).

In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor’s access to and use of the Site; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the content other users post on the Site or within websites linked from the Site may contain material that is inappropriate for minors.

User Submitted Ad Listings

In addition to appearing in the Site, your ads (including without limitation their content and any associated images) may, in accordance with the license provisions below, appear in other media (including other online or print publications) owned and operated by CCUE, its affiliates or related companies, or by third parties.

User Conduct, Indemnification and License Granted

Classified advertisements, in-Site communications, messages, materials, text, data, graphics, images, videos, opinions, suggestions and any other postings created by users on any part of the Site (“Postings”) are the responsibility of the user creating the Postings. CCUE HAS NO RESPONSIBILITY FOR POSTINGS AND DOES NOT GUARANTEE OR PROVIDE ANY WARRANTY WITH RESPECT TO THE ACCURACY, INTEGRITY OR QUALITY OF THE POSTINGS OR WITH RESPECT TO THE QUALITY, SAFETY OR LEGALITY OF ANY ITEM OR SERVICE THAT IS OFFERED THROUGH THE SITE. However, CCUE retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever, at its convenience without prior notice or liability.  CCUE will not be liable to you or any third party for any modification or discontinuance of your Postings.

You acknowledge and agree that CCUE may preserve Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms or to protect itself, its users and/or the public.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Without limiting the generality of the foregoing, you agree not to post, transmit, link to, upload or otherwise submit or distribute any Postings that:

  • Contain any Prohibited Content (as defined below);
  • are posted in an inappropriate category or area of the Site;
  • relate to any item that is illegal to own, buy or sell in your or our jurisdiction, or that is not owned, bought or sold in compliance with all applicable laws;
  • infringe any proprietary or other rights of third parties, including any copyright, trademark, patent, trade secret, privacy or other proprietary or property right;
  • defame, abuse, stalk, harass, discriminate against, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy or publicity;
  • include any material that is inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent, inflammatory, or unlawful;
  • denigrate a class of people because of their race, religion, country of origin, sexual orientation, gender, disability or any other legally prohibited ground;
  • depict violent or criminal acts, or seek to incite violence or crime;
  • include any material that relates or pertains to any “hate group,” for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;
  • include a photograph or video of another person or personal information of another person or use that person’s correspondence, diaries or personal documents without that person’s consent;
  • involve or promote commercial activities (except for the sale of personally owned items that otherwise comply with these Terms) or seek solicitations on behalf of charities or donations of any kind, including but not limited to promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, “club membership”, distributorship or sales representative agency arrangement or other business opportunity;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • distribute or contain spam, chain letters or pyramid schemes;
  • harvest or otherwise collect or use any information about other users of the Site, including email addresses or phone numbers, without their consent and without complying with all applicable legal requirements;
  • are in any language that is not the primary language of the Site;
  • are false or misleading, including in the locator, sender information or subject matter of an electronic message;
  • contain opinions, notices or discussion topics that would be more appropriately posted on a social media site;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the Site;
  • contain any keywords that are not directly related to the item you are offering;
  • use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site without CCUE’s express written consent;
  • contain or use any disabling mechanism or feature designed to prevent or interfere with the Site, CCUE’s systems or any user, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb, corrupted data or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete, damage, bypass or disable any aspect of the Site; or
  • include any material or undertake any activity that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

 

You do not have permission to add other Site users to any mailing or e-mail list for commercial purposes, even if a user has purchased something from you, unless the user has provided you with consent in accordance with all applicable laws. You may not use any in-Site communication functionality to send spam or content in violation of these Terms.

All users and Postings must comply with these Terms and all applicable laws. The following lists some of the goods, services and types of content that are prohibited on the Site (collectively, the “Prohibited Content”):

  • weapons, firearms/guns and components, BB/pellet, stun, and spear guns, bows and arrows, or similar items;
  • ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives;
  • recalled items, hazardous materials, body parts/fluids, non-sanitized bedding/clothing;
  • prescription drugs, medical devices, controlled substances and related items;
  • alcohol, tobacco, unpackaged or adulterated food or cosmetics,
  • pornography, offers or solicitation of illegal prostitution;
  • pet sales, animal parts, stud services;
  • endangered, imperiled and/or protected species and any parts thereof, e.g. ivory;
  • false, misleading, deceptive, or fraudulent content; bait and switches; keyword spam;
  • offensive, obscene, defamatory, threatening, or malicious postings or email;
  • anyone other than the posting user’s personal information (as defined under the Personal Information Protection and Electronic Documents Act), any confidential or proprietary information;
  • food stamps, WIC vouchers, SNAP or WIC goods, any form of governmental assistance;
  • stolen property, property with serial numbers removed/altered, burglary tools, or similar items;
  • ID cards, licenses, police insignia, government documents, birth certificates, or similar items;
  • counterfeit, replica, or pirated items;
  • tickets or gift cards that restrict transfer or sale;
  • lottery or raffle tickets, sweepstakes entries, slot machines, gambling items or similar items;
  • mis-categorized, over-posted, cross-posted, or non-local content;
  • postings or email the primary purpose of which is to drive traffic to a website;
  • postings or email offering, promoting, or linking to unsolicited products or services;
  • affiliate marketing, network or multi-level marketing; or
  • any good, service, or content that violates the law or legal rights of others.

The above list is not exhaustive and we may at any time, in our sole discretion, choose to prohibit or limit any other type of goods, services or content on the Site. Please do not post Prohibited Content on the Site or use the Site for any related purpose, and flag anyone else you see doing so by contacting us at 604city@singtao.ca. Thanks for helping keep 604city.ca safe and useful for all users.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF CCUE, ITS PARENTS, AFFILIATES, AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, YOUR ACCESS TO OR USE OF THE SITE, YOUR POSTINGS, YOUR BREACH OF ANY APPLICABLE LAW (INCLUDING WITHOUT LIMITATION ANY PRIVACY OR ANTI-SPAM LEGISLATION) OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION, PURCHASE, SALE OR DISTRIBUTION OF ANYTHING ON OR FROM THE SITE. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.

By contributing Postings to the Site, you give (or warrant that the owner of such rights has expressly given) to CCUE and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to host, cache, store, copy, use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, sell, re-sell, perform, display and publicize such Postings anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. You also grant CCUE the right to sub-license and authorize others to exercise any of the rights granted to CCUE under these Terms, and each such third party will be entitled to benefit from the rights and licenses granted to CCUE under these Terms. You further authorize CCUE to publish your Postings in a searchable format that may be accessed by users of the Site. In addition, you acknowledge and agree that you hereby waive any moral rights in your Postings. You further agree that CCUE is free to use any ideas, concepts, know-how, or techniques contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without notice or compensation to you.

Errors or Inaccuracies

CCUE makes no representation or warranty whatsoever regarding the accuracy of the information accessible in or through the Site, in particular any information regarding rebates, discounts, deals or other promotions for any product or service. CCUE cannot guarantee that goods or services advertised on the Site will be available on any terms and conditions (including price) described in or through the Site at any time.

Links to Third Party Sites

The Site may contain hyperlinks to sites that are not a part of the Site. The inclusion of any link to or from a site does not imply endorsement by CCUE of that site. If you decide to visit any linked site, you do so at your own risk. CCUE ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SITE WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.

Third Party Advertisements

Third party advertisers (“Advertisers”) and other users of the Site may offer goods, services and other materials to you on the Site. Descriptions of, or references to, products, services or publications within the Site do not imply endorsement, recommendation or sponsorship of that product, service or publication. Your correspondence and business dealings with Advertisers, users or other third parties, including but not limited to the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, while subject to the collection, use and disclosure of your in-Site communications in accordance with the Terms, are solely between you and the Advertiser, user or other third party. You should apply your own judgment in purchasing or making use of any goods, services or other materials provided on or through the Site, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own research and decisions regarding the purchase of any product, service or other material on the Site. CCUE does not provide or guarantee any advice regarding the suitability or potential value of any particular product, service or material on the Site. In addition, you are solely responsible for arranging for, providing or obtaining payment for any goods, services or other materials provided on or through the Site, and for collecting and remitting to the appropriate governmental authority any applicable taxes resulting from the sale of your goods, services or other materials provided on or through the Site.

You agree that CCUE will not be responsible or liable for any loss, damage or harm of any sort incurred as the result of or related to any such dealings or the offering of such goods, services and other materials on the Site. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to the goods, services or other materials provided by third parties should be forwarded directly to the third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, CCUE IS PROVIDING THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE, ITS CONTENTS, ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED, OR ANY GOODS, SERVICES, MATERIALS OR INFORMATION MADE AVAILABLE ON THE SITE. CCUE DOES NOT WARRANT THAT THE FUNCTION OF THE SITE OR ITS CONTENTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE FREE FROM SECURITY BREACHES.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CCUE BE LIABLE FOR ANY INJURY, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF CCUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH: (A) THE USE OF OR INABILITY TO USE THE SITE, (B) THE SITE’S CONTENTS, (C) ANY WEBSITE OR CONTENTS WITH WHICH THE SITE IS LINKED, (D) ANY GOODS, SERVICES, MATERIALS OR INFORMATION MADE AVAILABLE ON THE SITE, (E) ANY TRANSACTIONS ENTERED INTO ON, THROUGH OR AS A RESULT OF THE SITE, (F) ANY STATEMENTS OR CONDUCT OF ANY USER, ADVERTISER OR OTHER THIRD PARTY ON OR RELATING TO THE SITE, OR (G) ANY OTHER MATTER RELATING TO THE SITE. IF, DESPITE THE PRECEDING SENTENCE, CCUE IS FOUND TO BE LIABLE TO YOU, IN NO EVENT SHALL CCUE’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR USING THIS SITE; AND (B) $10 CANADIAN DOLLARS. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET AND IN-SITE COMMUNICATIONS MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING CCUE OR USING ANY IN-SITE COMMUNICATIONS FUNCTION OF THIS SITE.

You expressly acknowledge that CCUE has relied on the disclaimers, limitations and exclusions of liability set out in these Terms in making the Site available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and CCUE.

Miscellaneous

If any provision of these Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of CCUE. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

The failure of CCUE to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of CCUE shall not be deemed a breach of these Terms.

These Terms, including all terms, policies, and guidelines referenced in these Terms, are the entire agreement between you and CCUE concerning the Site. These Terms supersede all prior agreements or communications between you and CCUE regarding the subject matter of these Terms.

The parties have required that these Terms and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.

Last updated: June 1, 2018