Sell.Ca Privacy Policy

We have developed these Terms of Service and Privacy Policy to govern your use of www.Sell.ca. Your use of our site tells us you have read and agreed to these Terms of Service and to our Privacy Policy. Please read both these documents carefully. If you do not agree with any of these terms, please exit Sell.ca. You refers to all users of Sell.ca. Sellers refers to users who list their properties on Sell.ca. The words we, us, and our refer to Sell.ca a Web site operated by Dailypixel, Inc., a Canadian corporation having a principal place of business at 400-102 Bank Street, Ottawa, Ontario, K1P 5N4, and the owner and operator of this Web site. Web Site refers to www.Sell.ca. By using this Web Site, you agree that Sell.ca may terminate your user access to the Services, your Membership (including membership ID and password), and your Account (including listing number and password), and remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms. These Terms apply to all users of this Web Site. If you purchase a product or service from Sell.ca, you must also comply with the Terms and Conditions for Purchases. If you who purchase a product or service, the Terms and Conditions for Purchases shall control in the event of a conflict with this Privacy Policy.

 

Transactions on Our Web Site.

To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Sell.ca cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Sell.ca is not responsible for such errors or discrepancies.


Specifics about Interactive Areas and Posting Rules.

Sell.ca cannot and does not monitor all of the material posted or transmitted by users and third party information providers. We reserve the right to remove any Content posted on our site at any time for any reason. Decisions as to whether content, including email messages to Sellers, violates any Posting Rule will be made by Sell.ca in its discretion after we have actual notice of such posting. All communications on the Web Site are logged and any user who sends any solicitation or fraudulent message to Sellers may have their IP address or email address blocked, or their Membership ID and password, and listings ID and password cancelled. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using Sell.ca, you agree not to post material that:

1. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
2. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
3. Violates any right of Sell.ca or any third party;
4. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
5. Violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
6. Unfairly interferes with any third party's uninterrupted use of Sell.ca;
7. Advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
8. Uploads copyrighted or other proprietary material of any kind on Sell.ca without the express permission of the owner of that material;
9. Uses or attempts to use another's ID, password, service or system except as expressly permitted by the Terms of Service;
10. Uploads or transmits viruses or other harmful, disruptive or destructive code or files;
11. Disrupts, interferes with, or otherwise harms or violates the security of Sell.ca, or any services, system resources, IDs, passwords, servers or networks connected to or accessible through Sell.ca or affiliated or linked sites;
12. Misrepresents your affiliation with a person or entity, including impersonating any other person or entity; and
13. "Flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

General Disclaimer and Limitations of Liability.

While Sell.ca uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Sell.ca does not represent or warrant that use of any Content will not infringe rights of third parties. Sell.ca has no responsibility for actions of third parties or for Content provided or posted by others.

USE OF IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER , NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING , THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH , AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE . ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.


Indemnity.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, , ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF ; (2) 'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ID, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.


International Users.

Sell.ca is controlled, operated and administered by Sell.ca from its offices within the United States. Sell.ca makes no representation that materials or Content available through Sell.ca are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Sell.ca or export the Content in violation of U.S. export laws and regulations. If you access Sell.ca from a location outside the United States, you are responsible for compliance with all applicable laws.


Miscellaneous.

Sell.ca reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of Sell.ca after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.

Sell.ca may modify, suspend, discontinue or restrict the use of any portion of Sell.ca, including the availability of any portion of the Content at any time, without notice or liability. Sell.ca may deny access to any person or user at any time for any reason. In addition, Sell.ca may at any time transfer rights and obligations under this Agreement to any Tribune Company affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Sell.ca or any of their assets.

These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Sell.ca must be filed in a federal or state court located in New York, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Sell.ca to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Sell.ca, and all other provisions for which survival is equitable or appropriate.

Sell.ca strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. Please note this policy applies only to information collected by Sell.ca online and does not affect information collected or used by Sell.ca or its affiliates through other means.


What we do with the information we collect.

We will use your information only as permitted by law. Aggregated Information (information that does not personally identify you) may be used in many ways. As one example, we may combine information about your usage patterns with similar information obtained from other users to learn which pages are visited most or what features are most attractive. Aggregated Information may occasionally be shared with our advertisers and business partners, but cannot be used to contact you individually.

As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities or to protect and defend the property or rights of Sell.ca. Please note we may not provide you with notice prior to disclosure in such cases.

A cookie gets entered by your Web browser into the "Cookies" folder on your hard drive after you close your browser, and may be used by your browser on subsequent visits to the Site. We use persistent and session cookies to analyze and enhance your experience on the Site, and use third party ad technology to serve ads.

Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose Personally Identifiable Information on our site, such as in your actual home listing or listing blog, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Sell.ca and this policy.


Children.

Sell.ca does not knowingly collect or solicit Personally Identifiable Information from or about children under the age of 13 except as permitted by law. If we discover we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe Sell.ca has any information from or about anyone under the age of 13, please contact us at the address listed below.


Contacting us.

We can be reached by contacting:

support@sell.ca

or

dailypixel Inc.
ATTN: SELL.CA C/O CoganLaw
102 Bank Street
4th Floor
Ottawa, Ontario
K1P 5N4

Fax: 613-482-5252
Telephone: 800-811-6867
Email: legal@dailypixel.com


Changes to this policy.

Sell.ca reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.


Governing law.

This policy, the use of this Web site, and the Terms of Service are governed by the laws of the Province of Ontario, Canada. Any claim related to the Site or this policy shall be brought in a federal or state court in Illinois, within one year after the claim arises. You agree no such claim may be brought as a class action. Users of Sell.ca consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy. Sell.ca is controlled, operated and administered entirely within Canada. If you are located outside Canada, please note the information you provide to us will be transferred to Canada. You hereby consent to this transfer. In the event case of any conflict between the terms of this policy and the terms of any electronic or machine readable privacy policy (for example, a P3P electronic privacy policy), the terms of this written policy shall control.