COLONIES.COM Web Site Privacy Policy
Colonies.com Network
Inc. doing business as Colonies.com (“Colonies.com”
or the "Company") is committed to protecting the privacy of
our members personal information. This policy statement applies with respect to
the information that we collect from the Colonies.com Web Site. Amendments to
this policy statement will be posted at this URL and will be effective when
posted. Your continued use of this web site following the posting of any
amendment, modification or change will constitute your acceptance of any such
change.
I. INFORMATION
COLLECTED
We collect
non-personally identifiable information about you in a number of ways,
including tracking your activities through your IP address, computer settings
or most-recently visited URL. We may also ask you to provide certain
non-personally identifiable information about yourself, such as your age,
gender, province or state of residence, country of residence, household income,
buying preferences, etc. We do not collect any personally identifiable
information about you unless you voluntarily submit such information to us, by,
for example, providing us with your name, email address (which we use to
contact you if you ever forget your password), telephone number or filling out
a survey form. We will also use some data tracking software as you navigate the
Colonies.com Web Site which tells us which part of the site you are visiting.
II. USE,
PURPOSE AND DISCLOSURE OF INFORMATION
In general, Colonies.com
will use the information you provide to us to tell you about products or services
which we feel may be of interest to you, whether from our Company or from our
advertising partners. We may also share this information with other parties
from whom we believe you may want to receive information. Personal information
about you, whether obtained through collection or tracking, may be used to
contact you if you elected to provide us with your email address.
We will also be
collecting and tracking information about activities in the Colonies.com Web
Site on an aggregate basis, where we will not know or keep track of any
individual identity, so that we may keep track of what users may be interested
in, to help us in our marketing efforts. When we share such information with
other companies, it is not traceable to any particular user and will not be
used to contact you. We may also use this information for: (a) trend analysis,
(b) pattern detection, and (c) site administration.
Colonies.com reserves the right to perform
statistical analyses of your behaviour and characteristics in order to measure
site performance and traffic in specific content areas; to gauge interest in
specific content on the Colonies.com Web Site; to provide third parties with
information about the usage behaviour of our aggregate member base; or to
provide advertisers with information about how many members have viewed or
selected links associated with their advertisements.
You should be aware that any personally identifying
information (such as, for example, your name or e-mail address) publicly posted
in the interactive sections of the Colonies.com Web Site may be collected by
third parties for unsolicited purposes. We do not take any responsibility or
liability for such actions, as they are beyond our control.
If you do not
want to receive any future mailings from Colonies.com and other entities,
please follow the instructions set forth in the opt-out section below.
Non-personal
demographic and profile data is used to tailor your experience at our web site,
showing you content we think you might be interested in. This information may
also be shared with advertisers on an aggregate non-personal basis.
III. USE
OF IP ADDRESSES
We use your IP Address to help diagnose problems with our server,
and to administer our web site.
IV. USE
OF COOKIES
When you view the
Colonies.com Web Site we might store some information on your computer by
sending a text file, commonly known as a “cookie”. The cookie does not contain any personal
identifying information. Cookies are small pieces of information
stored on your computer’s hard drive, not on our site. Cookies do not spy
on you or otherwise invade your privacy, and they cannot invade your hard drive
and steal information. Cookies
can be used, for example, to tell how recently you have contacted our site, and
it can retain information specific to your actions and selections on our site.
(While it can retain information specific to your use of the site, it cannot
retain information that can be used to specifically identify you.)
We may also use
cookies to help you navigate a Web site as easily as possible. We use cookies
to deliver content specific to your interests and to prevent you from reentering
all your registration data at each connection.
If you do not want to have cookies sent to you, your
Web browser software should contain a feature that allows you to accept or
decline them. However, if you opt to decline them, we cannot guarantee we will
be able to provide the same user experience we would if you were to accept
them.
We use an outside
advertisement server company to display ads on our site. These ads may contain
cookies. The advertisement server company may collect cookies received with
outside banner ads. We do not have access to information that would confirm the
use of cookies by the advertisement server company.
V. SECURITY
Our site has
industry standard security measures in place to protect the loss, misuse and
alteration of the information under our control. While there is no such thing
as "perfect security" on the Internet, we will take all reasonable
steps to insure the safety of your personal information.
VI. OTHER
WEB SITES AND LINKS
The Colonies.com
Web site contains links to other Web sites. Colonies.com is not responsible for
the privacy practices or the content of any such other Web sites.
VII. CORRECTIONS
AND UPDATES
At any time while
you are in the Colonies.com Web site, or if you want to come back and change
any information you gave us before, simply click on the icon that says "Edit
Profile" and follow the instructions. Please note that you may only edit
your age once using the “Edit Profile” function. Alternately, you
can change or modify your information through the following methods:
(a) you
may e-mail the information to kyle@colonies.com ; or
(b) visit
the Help section of the Colonies.com Web Site and follow the appropriate
instructions as posted.
We will use all
reasonable efforts to ensure that your information is removed from or corrected
in our records.
VIII. CHOICE
TO OPT OUT
You may change
your mind at any time about agreeing to our gathering of information about you
as stated in this Privacy Policy. You may also choose at any time to opt-out of
receiving communications from our partners, and from us. In either situation,
please contact us by the following means:
(a) send an
e-mail to kyle@colonies.corn; or
(b) visit
the Help section of the Colonies.com Web Site and follow the appropriate
instructions as posted.
If you decide not
to permit us to collect, use or disclose information about you, then you will
still be able to access all parts of the Colonies.com Web Site except the
Member Area. Colonies.com reserves the right to charge you a membership fee if
you decide to opt out completely and yet wish to access the Member Area of our
web site.
IX. PUBLIC
FORUMS
The Colonies.com
Web Site makes chat rooms, forums, message boards, and/or news groups available
to its members. Please remember that any information that is disclosed in these
areas becomes public information and you should exercise caution when deciding
to disclose your personal information.
Contacting us:
If you have any
questions about this Privacy Policy Statement, the practices of this site, or
your dealings with our Colonies.com Web Site, you can contact us at kyle@colonies.com or by calling
1.604.938.0590
OPT
OUT DISCLOSURE
We occasionally
make information obtained from our Web site available to other companies whose
services or products we feel may be of interest to you. If you do not wish to
receive such information, please click here.
Insert icon
Revocation of Consent
to Collect, Use AND DISCLOSE Personal Information:
You may visit the
Colonies.com Web Site at any time to withdraw your consent to the collection,
use and disclosure of identifiable information about yourself.
Click here [insert
icon] if you no longer wish to
let us collect, use or disclose any identifiable information about you.
COLONIES.COM
MEMBER Web Site Use Agreement
This Internet Web
Site Agreement (the "Agreement") is between you and
Colonies.com Network Inc. doing business as Colonies.com (the
"Company" or “Colonies.com”) with a
principal place of business at #102-4369 Main Street, Suite 908, Whistler,
B.C., Canada V0N 1B4. Use of the Company’s Internet Web site (the "Colonies.com Web Site") signifies your agreement to the terms and
conditions of use set forth below in this Agreement, as follows:
1. YOU
CONFIRM YOU HAVE READ THIS ENTIRE AGREEMENT
1.1 Acknowledgement. You
acknowledge that you have read all of these terms and conditions of use and
that you accept all such terms. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these
terms and conditions of use, you may not access or otherwise use the Colonies.com
Web Site.
1.2 Changes
to this Agreement. Colonies.com
reserves the right, at its sole discretion, to change, modify, add or remove
any portion of this Agreement, in whole or in part, at any time. Notification
of changes to this Agreement will be posted on the Company Web Site.
1.3 Changes
to the Web Site. Colonies.com.com
may change, suspend or discontinue any aspect of the Colonies.com Web Site at
any time, including the availability of any Colonies.com Web Site feature,
database, or Content. Colonies.com may also impose limits on certain features
and services or restrict your access to parts or all of the Colonies.com Web
Site without notice or liability.
1.4 Adult Status. You may become a member of the Colonies.com Web
Site if you are under 19 years old only if your parents have given you
permission in this regard.
1.5 Acceptance
of Terms. By
using the Web site, you represent and warrant that you have the right, authority,
and capacity to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement
2. TRANSMISSIONS
TO OUR WEB SITE
2.1 No
Confidentiality of Transmission. You
acknowledge that any transmission to and from the
Colonies.com Web
Site is not confidential and your Communications (as defined below in
Subsection 4.4) may be read or intercepted by others. You acknowledge that by
submitting Communications to Colonies.com, no confidential, fiduciary,
contractually implied or other relationship is created between you and the
Company other than as set forth in or contemplated by this Agreement.
3. Intellectual
Property MATTERS
3.1 Copyright
Ownership. The
Colonies.com Web Site contains copyrighted materials, trademarks and other
proprietary information including text, software, photos, videos, graphics,
music and sound and the entire contents of the Colonies.com Web Site is
protected by copyright as a collective work, pursuant to Canadian copyright
laws, international conventions, and other copyright laws. The contents of the Colonies.com
Web Site are only for your personal, non-commercial use. All materials
contained on the Colonies.com Web Site are protected by copyright, and are
owned or controlled by Colonies.com or the party credited as the provider of
the Content. You will abide by any and all additional copyright notices,
information, or restrictions contained in any Content on the Colonies.com Web
Site. You may not exploit any of the content of the Colonies.com Web Site in
any way, in whole or in part.
You may download
copyrighted material displayed on the Colonies.com Web Site for personal,
non-commercial use only, provided that you maintain all copyright and other
notices contained in such Content. You may not modify, publish, transmit or
create derivative works of any part of the contents of the Colonies.com Web
Site. Copying or storing of any Content for other than personal, non-commercial
use is expressly prohibited without the prior written permission from the
Company or the copyright holder identified in the individual Contents copyright
notice.
3.2 Information
from Others. Colonies.com
is, from to time, a distributor (and not a publisher) of content supplied by
third parties and users. Accordingly, Colonies.com has no more editorial
control over such content than does a public library, bookstore or newsstand.
Any opinions, advice, statements, services, offers or other information or
content expressed or made available by third parties, including information
providers or any other user of Colonies.com, are those of the respective
author(s) or distributor(s) and not of Colonies.com. Neither Colonies.com nor
any third party provider of information guarantees the accuracy, completeness
or usefulness of any content, nor its merchantability or fitness for any
particular purpose. Colonies.com neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on the Colonies.com
Web Site by anyone other than authorized Colonies.com employees acting in their
official capacities. Under no circumstances shall Colonies.com be liable for
any loss or damage caused by your reliance on information, opinion, advice or
other content available through the Colonies.com Web Site.
4. MATERIAL
UPLOADED ONTO THE WEB SITE BY, AND MESSAGES FROM, YOURSELF
4.1 Restrictions
on Uploaded Content. You
represent, warrant and covenant that:
(a) you
will not upload, post or transmit to or distribute or otherwise publish through
the Colonies.com Web Site any materials which
(i) restrict
or inhibit any other user from using and enjoying the Colonies.com Web Site,
(ii) are
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitute
or encourage conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate law,
(iv) violate,
plagiarize or infringe the fights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity or any
other proprietary right,
(v) contain
a virus or other harmful component,
(vi) contain
any information, software or other material of a commercial nature,
(vii) contain
advertising, promotional materials or any other form of solicitation of any
kind,
(viii) constitute
or contain false or misleading indications of origin or statements of fact, or
(ix) are
requests for money, petitions for signature, chain letters or letters relating
to pyramid schemes; and
(b) that
you are at least 19 years old.
4.2 Chat
Rooms. If
you decide to participate in any chat room, bulletin board or any other forum
or similar service within or in connection with the Colonies.com Web Site, you
will not:
(a) engage
in behaviour that violates or infringes in any way on the rights of others,
including any statements which may defame, abuse, harass or threaten others;
(b) make
any bigoted, hateful or racially offensive statements; or
(c) advocate
illegal activity or discuss illegal activities with the intent to commit them.
Any conduct by you that in Colonies.com’s
sole discretion restricts or inhibits any other user from using or enjoying the
Colonies.com Web Site will not be permitted. You will not use the Colonies.com
Web Site to advertise or perform any commercial solicitation, including, but
not limited to, the solicitation of users to become subscribers of other online
information services competitive with the Colonies.com Web Site. Colonies.com
will not be responsible for material submitted to the Colonies.com Web Site or
posted in chat rooms, on bulletin boards or on other forums by users of the Colonies.com
Web Site.
4.3 Review
of Material. Colonies.com
does not and cannot review the materials posted to the Colonies.com Web Site by
users, and Colonies.com assumes no responsibility for any such materials posted
by users. However, Colonies.com reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or government request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, that in Colonies.com’s sole discretion are objectionable or
in violation of this Agreement. Any decision by Colonies.com to review, monitor
and/or modify any content uploaded by any members does not constitute nor will
it be deemed to constitute any responsibility or liability in any manner on the
part of the Company in connection with or arising from use by you of the Colonies.com
Web site.
4.4 Messages
From You. Colonies.com
appreciates receiving any messages from you and, subject to the terms of this
Agreement, wants to use the same. By posting messages, uploading files,
inputting data or engaging in any other form of communication (individually or
collectively "Communications") to the Colonies.com Web Site,
you hereby grant to the Company a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty free, fully paid license to use, copy,
license, sublicense, adapt, translate, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such Communications, and/or to incorporate it in other works in
any form, media or technology now known or hereafter developed. You also permit any other user of the Colonies.com
Web Site to access, view, store or reproduce any Communications for that
user’s personal use. The foregoing provisions are for the
benefit of Colonies.com, its
subsidiaries, affiliates and its third party content providers, licensors and
licensees and each such entity will have the right to assert and enforce such
provisions directly or on its own behalf. You hereby waive all rights to
any claim against the Company for any alleged or actual infringements of any
proprietary rights, rights of privacy and publicity, moral rights, and rights
of attribution in connection with such Communications.
4.5 Indemnity. You
hereby agree to indemnify, defend and hold the Company, and all its officers,
directors, owners, agents, employees, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs incurred, including
reasonable legal fees and expenses, by the Indemnified Parties in connection
with any claim arising out of any breach by you of this Agreement or any of the
foregoing representations, warranties and covenants in Subsections 4.1 and 4.2.
You will cooperate as fully as reasonably required in the defense of any claim.
The Company reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you and you
will not in any event settle any matter without the prior written consent of
the Company. The provisions of this Subsection 4.5 will survive any termination
of this Agreement for any reason whatsoever.
5. LINKS
TO OTHER SITES AND INFORMATION ON THIS SITE OR OTHERS
5.1 Linking. The
Colonies.com Web Site contains links and pointers to the other related World
Wide Web Internet sites, resources, and sponsors of the Colonies.com Web Site.
Links to and from the Colonies.com Web Site to other third party sites,
maintained by third parties, do not constitute an endorsement by the Company or
any of its subsidiaries or affiliates of any third party resources, or their
contents. The Company disclaims any and all responsibility for content
contained in any third party materials provided through links from the Colonies.com
Web site.
5.2 Information. We would
love to be able to assure you that we have thoroughly checked any and all
information available on or through the Colonies.com Web Site for truthfulness,
reliability and accuracy, but that is pretty impossible. Colonies.com does not
represent or endorse the accuracy or reliability of any advice, opinion,
statement, or other information displayed, distributed or otherwise accessible
through the Colonies.com Web Site. You acknowledge that any reliance upon any
such opinion, advice, statement, memorandum, or information will be at your
sole risk. Please try to exercise independent judgment about some of the
material you are likely to come across on or through the Colonies.com Web Site
(or anywhere else on the World Wide Web for that matter). Colonies.com reserves
the right, in its sole discretion, to correct any errors or omissions in any
portion of the Colonies.com Web Site of which it becomes aware.
6. OUR
DISCLAIMER - USE THIS SITE AT YOUR OWN RISK
6.1 Exclusion
of Liability. The
Colonies.com Web Site, including all content, software, functions, materials
and information made available on or accessed through the Colonies.com web
site, is provided on an "AS IS" basis without warranties of any kind, either express
or implied, other than those warranties which are implied by and
incapable of exclusion, restriction or modification under the laws applicable
to this Agreement. Neither Colonies.com nor any of its affiliates, third party
content providers, licensors or licensees warrant that use of or access to the Colonies.com
Web Site will be uninterrupted or error free nor as to the accuracy,
reliability or content of any information, service or merchandise provided
through the Colonies.com Web Site.
TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE
NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE Colonies.com WEB SITE OR THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE Colonies.com WEB
SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. FURTHER, THE
COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE
COMPANY DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE Colonies.com WEB SITE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
COMPANY AND ITS SUBSIDIARIES AND AFFILIATES WILL
NOT BE LIABLE FOR THE USE OF THE Colonies.com WEB SITE, INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
6.2 Broad-based
Exclusion of Liability. The
disclaimer of liability set forth in this Section 6 will apply to any damages
or injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to,
alteration of, or use of record, whether for breach of contract, tortious
behaviour, negligence, or under any other cause of action. You specifically acknowledge that COLONIES.COM
WILL NOT BE liable for the defamatory, offensive or illegal conduct of other
MEMBERS or third parties and that the risk of injury from the foregoing rests
entirely with YOU.
6.3 No
Liability for Damages. In
no event will the Company, or any person or entity involved in creating,
producing or distributing the Colonies.com Web Site, be liable for any damages,
including, without limitation, direct, indirect, incidental, special,
consequential or punitive damages arising out of the use of or inability to use
the Colonies.com Web Site. You acknowledges that the provisions of this
Subsection 6.13 will apply to all content on the Colonies.com Web Site.
7. GENERAL
MATTERS
7.1 Choice
of Law. This
Agreement will be governed by and interpreted in accordance with the laws of
the
Province of
British
Columbia and applicable laws of
Canada
, as if entered into between
persons residing in such Province and without regard to any conflicts of laws
provisions. Any action, proceeding, dispute, controversy or claim arising out of
or in connection with or in relation to this Agreement, including any question
regarding its existence, validity or termination, will be submitted to and be
subject to the jurisdiction of the courts of the Province of British Columbia
which will have exclusive jurisdiction in the event of any dispute under this
Agreement. You irrevocably submit to the jurisdiction of such courts to finally
adjudicate or determine any action, proceeding, dispute, controversy or claim
arising out of or in connection with this Agreement, which will be a court located in the City of Vancouver,
British Columbia, Canada. You irrevocably submit to the jurisdiction of such
courts to finally adjudicate or determine any action, proceeding, dispute,
controversy or claim arising out of or in connection with this Agreement. You
hereby waive:
(a) any
right to object to venue or jurisdiction based on inconvenient forum or for any
other reason; and
(b) any statutory or other
right pursuant to the laws of the jurisdiction in which you reside to have a
case or hearing relating to this Agreement adjudicated or resolved in that
jurisdiction.
7.2 Entire
Agreement. This
Agreement constitutes the entire agreement between the Company and you with
respect to your use of the Colonies.com Web Site.
7.3 Limitation
on Commencement of Action. Any cause of action you may have with respect
to your use of the Colonies.com Web Site must be commenced within one year
after the claim or cause of action arises.
7.4 Severability. If
for any reason a court of competent jurisdiction finds any provision of this
Agreement, or portion thereof, to be unenforceable, that provision will be
enforced to the maximum extent permissible so as to effect the intent of the
Agreement, and the remainder of this Agreement will continue in full force and
effect.
7.5 Termination. Colonies.com may terminate this Agreement
at any time. Without limiting the generality of the foregoing, Colonies.com will have the right to immediately
terminate your membership in the event of any conduct by you which Colonies.com, in its sole discretion, considers to be
unacceptable, or in the event of any breach by you of any term or condition of
this Agreement.
7.6 Member
Termination. At any
time, you can terminate your account which will remove your profile and other
personal information from view. To learn how to terminate your account click
here.
8. Member Disputes. You are solely responsible for your
interactions with other Colonies Members. Colonies.com reserves the right, but
has no obligation, to monitor disputes between you and other Members.
