The Skoop

Merlo Vinoteca

WELCOME

The SKOOP Inc. (“we”, “us”, “our”) welcomes you to The SKOOP Inc. website located at www.theskoop.ca (the “Website” or “Site”). Please read these Terms of Use carefully before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by The SKOOP Inc. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to The SKOOP Inc., its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of The SKOOP Inc. You may download, print and reproduce the Content for your own informational, non-commercial purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of The SKOOP Inc. To obtain written consent for such reproduction, please contact us at info@theskoop.ca.

The SKOOP Inc. respects the intellectual property rights of others and expects our users to do the same. The policy of The SKOOP Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@theskoop.ca.

REGISTRATION AND PASSWORDS

To access certain portions of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you may be given a password or user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify The SKOOP Inc. of any unauthorized use of your password or user name or any other breach of security.

You may not:

  • select or use a login name of another person with the intent to impersonate that person;
  • use a name subject to the rights of any other person without authorization;
  • use a login name that The SKOOP Inc., in its sole discretion, deems inappropriate or offensive.

LINKING

It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from The SKOOP Inc. and that The SKOOP Inc. has no control over the content of such websites. Consequently, The SKOOP Inc. cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

We welcome any feedback that you may have concerning the external links that we have placed on our Website.

USER CONDUCT

You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, you agree not to:

  • upload, post, email or otherwise transmit any material that:
    • constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    • infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
    • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or
    • contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including email addresses, without the express consent of such users;
  • for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
  • impersonate any person or entity, including, but not limited to, a The SKOOP Inc. employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
  • interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
  • use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
  • The foregoing is hereinafter collectively referred to as the “Code of Conduct”.

    You acknowledge that you own, are solely responsible for or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify The SKOOP Inc. or its affiliates for all claims resulting from content you supply.

    If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to The SKOOP Inc. by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted The SKOOP Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The SKOOP Inc. may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to The SKOOP Inc. We try to answer every email in a timely manner, but are not always able to do so.

    Some of the forums on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. The SKOOP Inc. has full discretion to delete messages. Users are encouraged to read the Code of Conduct outlined above before participating in any public forum.

    The SKOOP Inc. reserves the right (but is not obligated) to do any or all of the following:

    • Record the dialogue in public chat rooms.
    • Examine an allegation that a communication(s) do(es) not conform to the terms of this section or the Code of Conduct and determine in its sole discretion to remove or request the removal of the communication(s).
    • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
    • Terminate a member's access to any or all Public Areas and/or the The SKOOP Inc. public or members Site. In the event of termination, reservations and/or tickets that have been fully purchased shall remain valid. Tickets and/or reservations that are not fully purchased shall not be honoured at or after the time of membership termination.
    • Monitor, edit, or disclose any communication in the Public Areas.
    • Edit or delete any communication(s) posted on the The SKOOP Inc. Site, regardless of whether such communication(s) violate these standards.

    The SKOOP Inc. reserves the right to take any action it deems necessary to protect the personal safety of our guests, members or the public. The SKOOP Inc. has no liability or responsibility to users of the The SKOOP Inc. Website or any other person or entity for performance or non-performance of the aforementioned activities.

    DISCLAIMER/LIMITATIONS ON LIABILITY

    THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH THE SKOOP INC. EXPRESSLY DISCLAIMS. THE SKOOP INC. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND THE SKOOP INC. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. THE SKOOP INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE SKOOP INC.

    YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. THE SKOOP INC. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF THE SKOOP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE SKOOP INC. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

    APPLICABLE LAWS

    The Website is directed to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. The SKOOP Inc. makes no representation that Content on the Website is appropriate or that its products and services are available outside Canada. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

    These Terms of Use shall be governed in all respects by the laws of the Province of Alberta Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

    These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and The SKOOP Inc. with respect to the use of the Website, including the Content.

    INDEMNITY

    You agree to defend, indemnify, and hold The SKOOP Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

    PRIVACY

    The SKOOP Inc. respects your right to privacy of your personal information. Please see our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

    CHANGES AND TERMINATION

    The SKOOP Inc. reserves the right at any time to discontinue, temporarily or permanently, the Website (or any part thereof). The SKOOP Inc. may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

    CONTACT US

    If you would like to request additional information regarding these Terms of Use, please contact us at info@theskoop.ca

    Last Updated: October 20, 2011

    Copyright © 2011 The Skoop Inc. All rights reserved.

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