Introduction
Welcome to Servopoly! By accessing www.servopoly.com and its related websites, services, applications or tools (Collectively referred to as "Servopoly") you are agreeing to the following terms, which are designed to make sure that Servopoly works for everyone. These Terms of Use constitute a legally binding agreement between you and Servopoly and are effective immediately upon new user registration. You accept these Terms of Use by clicking the "Create Account" button when registering a Servopoly account and by otherwise accessing or using the Servopoly websites, services, applications and tools; or as otherwise indicated on a specific site, service, application or tool.
Using Servopoly
As a condition of your use of Servopoly (including servopoly.com and its related websites, services, applications and tools) you agree that you will not:
violate any laws;
violate the Posting Rules;
post any threatening, abusive, defamatory, obscene or indecent material;
post or otherwise communicate any false or misleading material or message of any kind;
infringe any third-party right;
distribute spam, chain letters, or promote pyramid schemes;
distribute viruses or any other technologies that may harm Servopoly or the interests or property of Servopoly users;
impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Servopoly;
copy, modify, or distribute any other person's content without their consent;
use any robot spider, scraper or other automated means to access Servopoly and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
copy, modify or distribute rights or content from the Servopoly site, services, applications or tools or Servopoly’s copyrights and trademarks;
bypass measures used to prevent or restrict access to Servopoly;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
You are solely responsible for all information that you submit to Servopoly and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Servopoly either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Servopoly websites, services, applications or tools, we may, at our discretion, inform other Servopoly users that have been in contact with you and recommend that they exercise caution.
Abusing Servopoly
Servopoly and the Servopoly community work together to keep the Servopoly websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the ad reporting system or email support: info@servopoly.com
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Servopoly if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Servopoly employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Servopoly or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Servopoly or use of Servopoly by users.
North American Marketplace
Some of Servopoly's features may display your listing on other sites, services, applications and tools that are part of the North American Servopoly community. By using Servopoly, you agree that your listings can be displayed on these other sites, services, applications and tools. The terms for our other sites, services, applications and tools are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, service, application or tool, you may be responsible for ensuring that it does not violate such other site, service, application and tool policies. We may remove your ad if it is reported on any our sites, services, applications or tools, or if we believe it causes problems or violates any law or policy.
Fees and Services
Servopoly is free for users who simply view our marketplace and want to contact ads. Posting an ad is free, unless you choose an upgrade option at checkout and if the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your listing. Our fees are the same for both Canada and the United States and you have option at checkout to pay in your home currency whether it be CAD or USD. We'll notify you of changes to our fee policy by posting such changes on the Servopoly website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
You are responsible for paying the Servopoly fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If you are enrolled in a subscription you can cancel or remove upgrade options at any time and the price adjustment will reflect start of your next pay period.
You acknowledge that your ads may be deleted from the Servopoly sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such listing, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Servopoly users for any fees paid through use of our sites, services, applications and tools in the following cases:
If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
If your ads went live with exposure on the Servopoly sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
If your ads are placed into "live" mode and have been listed by you;
If you have removed your ads yourself;
If we believe that your ads are in a significantly wrong category;
Please note that the above list is not exhaustive.
Content
Servopoly contains content from us, you, and other users. Servopoly is protected by copyright laws and international treaties. Content displayed on or via Servopoly is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Servopoly without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Servopoly. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Servopoly (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites, services, applications and tools that are part of the North American Servopoly community, such as Servopoly or our listing sites in any other country to come. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
Infringement
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Servopoly.
To report advertisements which may infringe on your property rights, please contact our support: info@servopoly.com
Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Servopoly comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use SpaNation, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 4 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
Release
If you have a dispute with one or more Servopoly users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Personal Information
By using Servopoly, you agree to the collection, transfer, storage and use of your personal information by Servopoly on servers in Canada and the United States as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.
Resolution of disputes
If a dispute arises between you and Servopoly, we strongly encourage you to first contact us directly to seek a resolution by visiting emailing support: info@servopoly.com and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General
These terms and the other policies posted on Servopoly constitute the entire agreement between Servopoly and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of Canada and the United States. You agree that any claim or dispute you may have against Servopoly.com must be resolved by the courts of Ontario, Canada. You and Servopoly both agree to submit to the exclusive jurisdiction of the Ontario Courts; for claims falling within the jurisdiction of a Provincial Court, you and Servopoly both agree to submit to the jurisdiction of the Provincial Court of Ontario.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
For any help with using Servopoly please see the Servopoly FAQ page or contact support info@servopoly.com