Terms & Conditions
Welcome to this website (the “Site”), which is owned and operated as part of the Kidela Capital Group Inc. network (“Kidela”) and includes Kidela.com, Kidela.co, Kidela.org, Kidela.ca, Kidela.biz, Kidela.tv, Kidela.mobi, Kidela.info, KidelaNetwork.com, TheKidelaNetwork.com, ImageOurWorldWithout.com, ImagineOurWorldWithout.org, WiKidela.com, WiKidela.net and WiKidela.org.
Kidela reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its members.
Securities or other investments referred to the Site may not be suitable for you and you should not make any kind of investment decision in relation to them without first obtaining independent investment advice from a person authorised to give it.
Use of Content on the Site
You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. Without receiving prior written approval from Kidela, you may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kidela without the express written consent of Kidela. You may not use any meta tags or any other “hidden text” utilizing Kidela’s name or trademarks without the express written consent of Kidela. You may not use any Kidela logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Kidela.
Registration to the Kidela forum is free. Kidela expects that forum posters abide by the rules and policies detailed herein.
Although the administrators and moderators of Kidela forums attempt to keep all objectionable messages off this forum, it is impossible to review all messages. All messages express the views of the author, and the owners of Kidela will not be held responsible for the content of any message.
Kidela reserves the right to ban, suspend or delete the accounts of any members if deemed necessary due to member conduct without warning.
Reviews, Comments, Communications, and Other Content
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
By submitting information, you grant Kidela a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.
Kidela reserves the right to edit or delete any comments, at any time, as deemed necessary due to member conduct without warning.
Contact information sharing
Please keep in mind that if you choose to share your personal contact information, including telephone number, Mobile Device PIN, iMessage account, IM account, Twitter, Facebook or other social network accounts, or any other contact info on Kidela, and/or approve requests to add your contact, that you do so at your own risk. Kidela is not responsible for any content, actions, or circumstances arising out of personal conversations or your choosing to share your personal information. When it comes to BlackBerry
Messenger, iMessage, IM services, social networks, etc. you can always remove contacts.
The Kidela site(s) may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Kidela is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kidela shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Products and Services and Content Offered By Kidela on the Site
Kidela offers products and services on the Site. When you subscribe to receive a product or service from Kidela on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, Kidela does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.
Please keep in mind that Kidela offers features that if used, may require data transfer usage on your computer or mobile device’s data plan. When downloading this content over-the-air (“OTA”), though the content is provided free of charge, you may be using data through your carrier provider, and should make sure you have an adequate data plan before doing so. Kidela will not be responsible for any data charges you may incur by use of this website.
FTC DISCLOSURE REQUIREMENTS
Kidela aims to provide unbiased editorials and has always and will continue to main separation between editorial and ecommerce. However, we wish to disclose that (i) we occasionally receive free products from marketers that we sometimes review or discuss in our editorials and/or in our video reviews, and (ii) we may run advertisements or contests on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) may sell these products within our stores, and (iv) we may use affiliate links to products and or services for which we sometimes receive compensation.
In cases where Kidela network sites offer personalized email services, you may not use your Kidela network site email address to associate or impersonate yourself as an employee, owner or subcontractor of Kidela. Any reported misuse of your email address will result in the immediate cancellation of your email address and membership at Kidela.
Kidela respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act. Note: This procedure is the same for any perceived Error or Omissions.
If you believe that you hold a claim of copyright infringement against Kidela, or if there were any errors or omissions made that you believe need to be rectified, submit notice of your claim to the following Designated Agent:
Service Provider: Kidela
Email Address to Which Notification Should Be Sent: dmcacomplaints AT kidela.com
To be effective, the notification of your claim of copyright infringement or errors or omission should be written and should include the following:
- A statement that you are the owner of the exclusive right you claim has been infringed, or that substantive errors or omissions were made, a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
- A statement, under penalty of perjury, that the information in the notification is accurate.
- Your signature. (The signature may be electronic.)
- The identification of the copyrighted work you claim has been infringed or the error or omission that needs to be rectified. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
- Identification of the material that you claim to be infringing, omitted or in error and information reasonably sufficient to permit Kidela to locate the material.
- Information reasonably sufficient to permit Kidela to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
- A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Kidela will respond to any DMCA complaints in a timely manner. Should you be the copyright holder of a specific piece of content featured on this site without your permission, Kidela will remove it in a timely manner once notified.
Kidela and other marks indicated on our site are pending registered trademarks of Kidela in the United States and/or other countries. Other Kidela marks, graphics, logos, page headers, button icons, scripts noted on the Site are Kidela’s service marks, trademarks and trade dress and are the sole and exclusive property of Kidela. Kidela’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Kidela and in connection with any service or product that is not sponsored, endorsed or produced by Kidela. All other trademarks not owned by Kidela or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kidela.
Proprietary Rights to Content
You agree that upon posting information on the Service, you grant Kidela, and its successors and assigns a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant Kidela the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
NONE OF THE SITE CONTENT CONSTITUTES AN:
- OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY BY KIDELA AND/OR ITS REPRESENTATIVES ANY SECURITY OR OTHER INVESTMENT;
- OFFER BY KIDELA AND/OR ITS REPRESENTATIVES TO PROVIDE INVESTMENT SERVICES OF ANY KIND; AND/OR
- INVITATION, INDUCEMENT OR ENCOURAGEMENT BY KIDELA AND/OR ITS REPRESENTATIVES TO ANY PERSON TO MAKE ANY KIND OF INVESTMENT DECISION.
- SECURITIES OR OTHER INVESTMENTS REFERRED TO IN ANY SITE CONTENT MAY NOT BE SUITABLE FOR YOU AND YOU SHOULD NOT MAKE ANY KIND OF INVESTMENT DECISION IN RELATION TO THEM WITHOUT FIRST OBTAINING INDEPENDENT INVESTMENT ADVICE FROM A PERSON AUTHORISED TO GIVE IT. FROM TIME TO TIME, KIDELA AND ITS REPRESENTATIVES, INCLUDING WITHOUT LIMITATION PERSONS INVOLVED IN THE PREPARATION OF CERTAIN KIDELA SITE CONTENT, MAY HAVE LONG OR SHORT POSITIONS IN, AND BUY AND SELL THE SECURITIES OR DERIVATIVES (INCLUDING OPTIONS) OF COMPANIES MENTIONED IN SITE CONTENT.
Without limiting the foregoing, the Kidela Network of Sites, including without limitation any Site Content, Applications and/or Services, are not intended for individuals under the age of 18, or age of majority in your jurisdiction of residence, whichever is less; if you do not qualify, please do not use any of them.
Third Party Web Sites and Information.
The Site may provide hyperlinks to third party websites or access to third party content. Kidela does not control, endorse, or guarantee content found in such sites. You agree that Kidela is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Kidela shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Kidela site(s), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Kidela shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Kidela site(s).
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND KIDELA, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. KIDELA AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY KIDELA ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. KIDELA DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND KIDELA, KIDELA, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF KIDELA, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN PROVINCIAL OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Kidela and our affiliates, officers, directors, and employees, including persons involved in the preparation of proprietary content on the Kidela Network of Sites and affiliated websites, may from time to time, have long or short positions in, and buy and sell the securities or derivatives (including options) of companies mentioned in proprietary content on the Kidela Network of Sites and affiliated websites.
You agree to defend, indemnify, and hold harmless Kidela, employees, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from content you supply
You are solely responsible for your interactions with other Users of any of the Kidela Network of Sites, including without limitation any Site Content, Applications and/or Services. Kidela does reserve the right, but has no obligation, to monitor disputes between any Users.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE KIDELA AND ITS REPRESENTATIVES FROM, AND WAIVE ANY RIGHTS THAT YOU MAY HAVE AGAINST KIDELA AND ITS REPRESENTATIVES BY REASON OF ANY COMMON LAW OR STATUTE APPLICABLE AT THE TIME OF THE DISPUTE WITH RESPECT TO, ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, OF ANY KIND AND NATURE, INCLUDING WITHOUT LIMITATION DEFAMATION, SLANDER AND LIBEL, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF AND/OR POSTING OF ANY USER CONTENT TO ANY OF THE KIDELA NETWORK OF SITES, INCLUDING WITHOUT LIMITATION ANY SITE CONTENT, APPLICATIONS AND/OR SERVICES.
The Agreement shall be construed and enforced in accordance with the laws of the Province of Manitoba, Canada (without regard to its conflict of laws rules) and the applicable federal laws of Canada. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and agree to: (i) submit themselves to the exclusive jurisdiction and venue of the courts of the Province of Manitoba, Canada; and (ii) irrevocably waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action by or on behalf of you arising out of or related to use of any of the Kidela Network of Sites, including without limitation any Site Content, Applications and/or Services, or related to the Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Kidela shall not be responsible in any manner for any loss or damage occurring as a result of forces beyond its control, including, without limitation, any act of God, natural catastrophe, war, pestilence, labour dispute, telecommunications disruption, or any other matter, cause or thing which such parties do not directly control..
Kidela reserves the right, at Kidela’s sole discretion and at any time, to change, modify, add or delete portions of the Terms and Conditions without further notice.
Effective Date: May 15th, 2012