Terms of Service Agreement
Coles Notes*
- If you use the site, you’re bound by these terms.
- The Internet is not a circus. Respect others in the community.
- There are at least a couple places on the Internet for porn. This isn’t one of them.
- Using Styckyd for money laundering or terrorism is NOT ok. Sorry for the inconvenience.
*These notes are not legally binding and are only intended to serve as relief from the dullness of the Legalese to which they pertain. They do not excuse you from reading and abiding by said agreement.
By using the Styckyd.com web site ("Styckyd" or the “Site”), a service of 2012 Technologies Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), including those available by hyperlink. If you have any questions, please contact support@styckyd.com.
By becoming a member of Styckyd, you certify that you have read and accepted all the terms and conditions in, and linked to, the Agreement. The Agreement is effective immediately for all users.
1. Styckyd is a Venue
Styckyd acts as a venue to allow users who comply with Styckyd’s policies to offer, sell, and buy goods. Styckyd has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Styckyd does not pre-screen users or the content or information provided by users. Styckyd cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Styckyd does not transfer legal ownership of items from the seller to the buyer. Styckyd cannot guarantee the true identity, age, and nationality of a user. Styckyd encourages you to communicate with potential transaction partners using the tools available on the Site. You agree that Styckyd is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Styckyd. You use the Styckyd service at your own risk.
2. Membership Eligibility
Age: Styckyd's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Styckyd’s policies as stated in the Agreement and these Styckyd policy documents: Terms of Sale, Fees Policy.
Your Password: Keep your password secure. You are fully responsible for all activity, liability, contracts entered into, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Styckyd of any unauthorized use of your password or any breach of security. You also agree that Styckyd cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must use your full, real name when registering with Styckyd. You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Limitations: You may not transfer or sell your Styckyd account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Styckyd's services are not available to temporarily or indefinitely suspended (or banned) Styckyd members. Styckyd reserves the right, in Styckyd’s sole discretion, to cancel unconfirmed or inactive accounts. Styckyd reserves the right to refuse service to anyone for any reason at any time.
3. Fees and Services
Joining Styckyd is free. Styckyd charges a fee when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Styckyd's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Styckyd’s services are effective after Styckyd provides you with at least fourteen (14) days' notice by posting the changes on the Site. Styckyd may, at Styckyd's sole discretion, change some or all of Styckyd's services and fees at any time. In the event Styckyd introduces a new service, the fees for that service are effective at the launch of the service.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Styckyd’s policies. You also warrant that you may legally sell the item. You must accurately describe every item you list on Styckyd. Your listings may only contain content relevant to the sale of the item listed, including text descriptions, graphics, pictures, and videos. All items must be listed in the most relevant available category. Each listing must accurately and completely describe the item/items for sale in that listing, including all flaws, damage, and modifications.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer as soon as the seller has received payment, unless there is an exceptional circumstance, such as: the item being sold goes missing or is otherwise rendered unfit for sale before it can be shipped. In such a case, the seller would be obligated to refund the buyer’s money.
Please see Styckyd’s Listing Agreement, Terms of Sale, and Fees Policy for more information.
5. Buying
Offers: By submitting an offer on a listing on the Site you warrant that you have the means and intent to pay for the item should the seller accept your offer.
Binding Sale: All sales are binding. The buyer shall pay for the item once a price has been agreed upon by both parties (defined as the buyer clicking a Buy button or by either party accepting an offer made by the other party). The buyer shall pay the seller by PayPal.
Please read the Styckyd Terms of Sale and Return Policy for more information.
6. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and related to Styckyd and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Styckyd.
Restricted Activities: Your Content and your use of Styckyd shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Styckyd staff and other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host Content not part of a listing
- Modify, adapt or hack Styckyd or create or modify another website so as to falsely imply that it is associated with Styckyd;
- Appear to create liability for Styckyd or cause Styckyd to lose (in whole or in part) the services of Styckyd’s ISPs or other suppliers or service providers
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Styckyd
- Furthermore, you may not list any item on Styckyd (or consummate any transaction that was initiated using Styckyd’s service) that, by paying to Styckyd the listing fee or the final value fee, could cause Styckyd to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
7. Content
License: Styckyd does not claim ownership rights in your Content. You grant Styckyd a license solely to enable Styckyd to use any information or Content you supply Styckyd with, so that Styckyd is not violating any rights you might have in that Content. You grant Styckyd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Styckyd to store or re-format your Content and display your Content on Styckyd in any way as Styckyd chooses. Styckyd will only use personal information in accordance with Styckyd's Privacy Policy.
As part of a transaction, you may obtain personal information, such as shipping information, from another Styckyd user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Styckyd-related communications. Styckyd has not granted you a license to use the information for unsolicited messages, commercial or otherwise. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Styckyd user to your email or physical mail list. For more information, see Styckyd’s Privacy Policy.
Re-Posting Content: By posting Content on Styckyd, it is possible for an outside website or a third party to re-post that Content. You agree to hold Styckyd harmless for any dispute concerning this use. If you choose to display your own Styckyd-hosted image on another website, the image must provide a link back to its listing page on Styckyd.
Product Database Contributions: Styckyd maintains a wiki style Product Database (“the Database”) whereby users can add and edit information about products that may be listed in the Styckyd marketplace. Should you choose to add content to the Database, which Styckyd encourages users to do, you must not knowingly add false information, misleading information, or offensive content. Styckyd reserves the right to suspend or disable the accounts of users who are suspected of malicious activity, including the above listed offenses regarding the Database.
8. Information Control
Styckyd does not control the Content provided by users that is made available on Styckyd, nor does Styckyd make any guarantee, explicit or implied, that content on the Site will not be offensive, harmful, inaccurate, or deceptive. There are also risks inherent in the anonymous nature of the Internet of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Styckyd, you agree to accept such risks and that Styckyd (and Styckyd’s officers, directors, agents, parent, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Styckyd. Please exercise reasonable caution when buying and selling on Styckyd.
Other Resources: Styckyd is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Styckyd does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Styckyd 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Styckyd, please contact Styckyd.
Should you have a dispute with one or more users, or an outside party, you release Styckyd (and Styckyd's officers, directors, agents, parent, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Styckyd encourages users to report user-to-user legal disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
Styckyd, for the benefit of users, may try to help users resolve disputes. Styckyd does so in Styckyd’s sole discretion, and Styckyd has no obligation to resolve disputes between users or between users and outside parties. To the extent that Styckyd attempts to resolve a dispute, Styckyd will do so in good faith based solely on Styckyd’s policies. Styckyd will not make judgments regarding legal issues or claims.
10. Styckyd's Intellectual Property
Styckyd, and other Styckyd graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of 2012 Technologies Inc. in Canada, the United States and other countries. Styckyd's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Styckyd may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Styckyd is updated on a real-time basis and is proprietary or is licensed to Styckyd by Styckyd's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Styckyd for any purpose without Styckyd’s prior express written permission. Additionally, you agree that you will not:
a) Take any action that imposes, or may impose, in Styckyd’s sole discretion, an unreasonable or disproportionately large load on Styckyd’s infrastructure;
b) Copy, reproduce, modify, create derivative works from, distribute or publicly display any Site Content or user Content (except for your Content) from the Site without the prior expressed written permission of Styckyd and the appropriate third party, as applicable;
c) Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
d) Bypass Styckyd’s robot exclusion headers or other measures Styckyd may use to prevent or restrict access to Styckyd.
12. Breach
Without limiting any other remedies, Styckyd may, without notice, and without refunding any fees, delay or immediately remove Content, censor Content deemed offensive, warn Styckyd’s community of a user’s actions in as much detail as Styckyd sees fit, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
a) Styckyd suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or any other policy documents and community guidelines incorporated herein;
b) Styckyd is unable to verify or authenticate any of your personal information or Content;
c) Styckyd believes that a user is acting inconsistently with the letter or spirit of Styckyd’s policies, has engaged in improper or fraudulent activity in connection with Styckyd;
d) Styckyd believes the user’s actions may cause legal liability or financial loss to Styckyd's users or to Styckyd.
13. Privacy
Except as provided in Styckyd’s Privacy Policy Styckyd will not disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Styckyd stores and processes Content on computers located in the United States and Canada that are protected by physical as well as technological security.
14. No Warranty
STYCKYD, STYCKYD’S PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND STYCKYD'S SUPPLIERS PROVIDE STYCKYD'S WEBSITE AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. STYCKYD, STYCKYD'S PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND STYCKYD'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM STYCKYD SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL STYCKYD, AND (AS APPLICABLE) STYCKYD'S PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR STYCKYD'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, STYCKYD’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION: LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
STYCKYD'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF STYCKYD'S PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO STYCKYD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD STYCKYD AND (AS APPLICABLE) STYCKYD'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
Styckyd does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Styckyd’s control.
18. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Styckyd’s service and your listing, purchase, solicitation of offers to purchase, sale of items, and shipping.
Styckyd reserves the right to investigate any activity it deems suspicious. Should Styckyd find evidence of illegal activity, such as trade of controlled substances, stolen goods, money laundering or any other type of illegal funds transfer, it shall be reported to the appropriate authorities.
19. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the party's intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Styckyd are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Styckyd Service
Styckyd reserves the right to modify or terminate the Styckyd service for any reason, without notice, at any time. Styckyd reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Styckyd will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Styckyd's sole discretion, in good faith, and using common sense and reasonable judgment.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Manitoba and disputes arising under this Agreement will be adjudicated by the courts of the Province of Manitoba.
23. Survival
Sections 3 (Fees and Services), 7 (Content, License), 8 (Information Control), 9 (Resolution of Dispute and Release), 10 (Styckyd’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
24. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Styckyd Attn: Legal Department; 308-445 Ellice Ave. Winnipeg MB R3B 3P5 (in the case of Styckyd) or, in your case, to the email address you provide to Styckyd (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Styckyd may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Styckyd. In such case, notice shall be deemed given three days after the date of mailing.
Styckyd Plug-in Software License Agreement
By installing the Styckyd Plug-in (the ‘Plug-in’) the host website operator (the ‘Operator’) agrees to be bound by the terms of this Plug-in Agreement (the ‘Agreement’). If you do not agree to the terms of this Agreement, you may not use the Plug-in.
License:
2012 Technologies Inc. (Twenty12), developer of the Plug-in, grants Operator a non-exclusive license to install and use the Plug-in on any website owned by Operator subject to the provisions outlined in this Agreement.
- Operator owns and operates a message board on the Internet on which automobile (cars, trucks, motorcycles and motorsports) enthusiasts communicate with one another (the ‘Operator's Site’); and
- Twenty12 provides Operator with software comprising a plug-in, which Twenty12 has developed to be installed on Operator’s Site.
The parties agree as follows:
- Operator shall install the Plug-in only on Operator’s Site.
- Operator may disable or uninstall the Plug-in from Operator’s Site thereby terminating this agreement at any time without notice to Twenty12.
- Subject to its discretion, Twenty12 may disable the Plug-in on Operator’s Site if it is found that illegal content is being generated by users of Operator’s Site via Operator’s installation of the Plug-in. Such actions shall be accompanied by written notice including an explanation of the offence.
- Twenty12 will have the right to terminate this Agreement immediately upon written notice at any time if Operator commits a material breach of any term; or (b) upon thirty (30) days written notice to Operator.
- Operator shall not take any steps to modify the Plug-in, share it or distribute it to any web site other than its own during the term of this Agreement.
- Twenty12 grants Operator a license to the intellectual property found on the Plug-in which will be installed on Operator’s Site. Twenty12 will be entitled to grant a similar license to other web site operators.
- Operator grants Twenty12 a license to the intellectual property found on Operator’s Site in order for the Plug-in to function on Operator’s Site. Operator will be entitled to grant a similar license to other software companies which wish to install a Plug-in on Operator’s Site.
- Subject to the licenses granted in paragraphs 6 and 7, each party reserves all of its respective rights, title and interests in its intellectual property (e.g. patents, copyright, trade secrets, trademarks and other intellectual property rights) and neither party shall acquire any rights in the intellectual property of the other party as a result of this Agreement.
- Each party agrees to defend, indemnify and hold the other party harmless if it fails to comply with applicable laws or infringes upon the intellectual property of a third party which seeks damages for such action. This paragraph shall survive the termination of this Agreement.
- Neither party shall transfer or assign its rights or obligations under this Agreement without the prior written consent of the other party.
- This Agreement shall be governed by the laws of the Province of Manitoba and any legal proceeding shall be commenced before the courts of Manitoba.
NOTE: Should Operator choose to enable Styckyd: Classifieds within the Plug-in, the Styckyd: Classifieds Partner Agreement shall apply.
Styckyd: Classifieds Partner Agreement
By running Styckyd: Classifieds on any website, either by installing the Styckyd Plug-in (‘Plug-in’) and enabling Styckyd: Classifieds or by any other means, the website (‘Partner Site’) operator (the ‘Operator’) agrees to be bound by the terms of this Partner Agreement (the “Agreement”). If you do not agree to the terms of this Agreement, you may not use Styckyd: Classifieds.
- 2012 Technologies Inc. (Twenty12), developer of Styckyd: Classifieds, shall pay a commission of 10% of the revenue (ie. selling fees) that Twenty12 receives from every transaction (the ‘Commission’).
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Commission on a transaction shall be assigned and paid:
- To the Partner Site through which the buyer purchases the item, if applicable; or else
- To the Partner Site through which the buyer registered for Styckyd, if applicable; or else
- To the Partner Site through with the seller registered for Styckyd, if applicable; or else
- Commission on the transaction shall be pooled and distributed among all Partner Sites.
There shall be no obligation to pay a Commission on any transaction that occurs after removal of the Plug-in, or during any period wherein the Plug-in is not enabled on Operator’s Site.
- Twenty12 shall issue cheques for total Commission earned by each Partner Site on a quarterly basis within ten business days of February 1st, May 1st, August 1st and November 1st. Cheques shall be issued to the Operator’s payment address as may be specified by the Operator.
- Operator shall not attempt to falsify activity on Styckyd or otherwise manipulate any data or activity for the purpose of manipulating Commission.
- Each of the parties warrant it has the authority to execute this Agreement and to grant the rights set out herein, it is not subject to any agreements, claims or arrangements that would adversely affect the rights granted in this Agreement, and it owns all the rights or have secured such rights or releases from all necessary parties to enable them to grant rights in this Agreement.
- Operator may disable or uninstall Styckyd: Classifieds from Operator’s Partner Site thereby terminating this agreement at any time without notice to Twenty12. Twenty12 shall pay all Commissions due to Operator’s Partner Site at the next quarterly interval as set forth in paragraph 3.
- Twenty12 will have the right to terminate this Agreement immediately upon written notice at any time if the other party commits a material breach of any term; or (b) upon thirty (30) days written notice to Operator.
- EXCEPT AS SET FORTH IN PARAGRAPH 1 IN NO EVENT SHALL ANY PARTY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE OR PROFITS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Each party to this Agreement is an independent contractor and does not have the authority to represent that it has the authority to assume or create an obligation on behalf of the other party.
- Paragraphs 1, 2, 3, 6 and 8 shall survive the termination of this Agreement.
- This Agreement shall be governed by the laws of the Province of Manitoba and any legal proceeding shall be commenced before the courts of Manitoba.
- If any provision in this Agreement is invalid under any applicable law, such provision shall not render the balance of the Agreement invalid, and such invalid provision shall be changed and interpreted in order to accomplish the objectives set out therein.
- Any notice shall be given to Twenty12 at the address listed on the Styckyd site, and to Operator at the email address under which Operator is registered on Styckyd or at the address to which Operator has indicated it wishes Commission cheques to be mailed.