This Agreement sets forth the terms and conditions that apply to your access and use of the Internet-based website, www.releaseadove.com, owned and operated by White Wings Worldwide, an Ontario Canada, corporation. By accessing and using the various features of Releaseadove.com you agree to be bound by the terms and conditions of this Agreement and its Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).
By using the information, tools, software, features and functionality including content, updates and new releases located on Releaseadove (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor”, which means that you simply browse the Releaseadove website, or you are a “User” which means that you are registered to utilize the Services’ private-area website features. The term “you” or “User” refers to a Visitor or a User. The term “we” refers to Release a Dove.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
For information about Release a Dove’s data protection practices, please read Release a Dove Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Release a Dove and/or its Partners treat its databases and your information when you access Release a Dove and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
The Service is an informational website for clients, prospective clients, partners or prospective partners of Release a Dove.
In connection with the Release a Dove website, links may be provided to other websites, articles or educational sources belonging third parties. Release a Dove does not endorse, warrant or guarantee the accuracy of information or services available through the Release a Dove links. Release a Dove is not an agent or broker or otherwise responsible for the information, activities or policies of those websites.
By soliciting information from us using your e-mail address, you agree to receive a return response, and provide permission to us to communicate with you in the future. Your email may be held in Release a Dove’s database for future use.
Your access and use of Release a Dove may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Release a Dove or other actions that Release a Dove, in its sole discretion, may elect to take.
From time to time, Release a Dove may include new and/or updated pre-release features and trial use in the Service for your use and which may permit you to provide feedback. You agree that Release a Dove may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Release a Dove a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Release a Dove in any way. Release a Dove will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Release a Dove Intellectual Property
The contents of Release a Dove, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, videos, interviews, editorial content, notices, software (including html-based computer programs) and other material are protected under United States, Canadian and other applicable copyright, trademark and other laws. The contents of Release a Dove belong or are licensed to Release a Dove or its software or content suppliers and Partners. Release a Dove grants you the right to view and use Release a Dove subject to these terms. You may download or print a copy of information provided on Release a Dove for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Release a Dove in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Release a Dove or any portion of the website without Release a Dove’s express written consent, which may be withheld in Release a Dove’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Release a Dove, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Release a Dove or the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Release a Dove or the Service.
You are responsible for all content you submit to Release a Dove. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Release a Dove and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through Release a Dove, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Release a Dove and under this Agreement.
You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Release a Dove, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH RELEASE A DOVE PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. RELEASE A DOVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF RELEASE A DOVEACTIVEKIDSOR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
RELEASE A DOVE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON RELEASE A DOVEACTIVEKIDSOR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. RELEASE A DOVE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
RELEASE A DOVE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO RELEASE A DOVE PEER STANDING SURVEY, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF RELEASE A DOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RELEASE A DOVE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless Release a Dove and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
This Agreement, and your relationship with Release a Dove under this Agreement, shall be governed by the laws of the Province of ONTARIO, without regard to its conflict or choice of laws provisions. Any dispute with Release a Dove or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through Ontario courts. You understand that, in return for agreement to this provision, Release a Dove is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Release a Dove its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Release a Dove does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Release a Dove has the benefit of under any applicable law), this will not be taken to be a formal waiver of Release a Dove rights and that those rights or remedies will still be available to Release a Dove.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Release a Dove regarding the subject matter of the same, and supersedes all other previous agreements.