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Terms & Conditions

(User Agreement)

 

Keetro Terms and Conditions of Use

Welcome to www.keetro.ca ("Keetro"). Please read this Agreement before using Keetro.

 

1.General

Keetro provides services including but not limited to classified advertising, chat, and email forwarding. By accessing or using Keetro you are accepting and agreeing to the following terms, which function as a legal contract between two parties: you, the user, and Keetro. These terms are designed to make sure that Keetro works for everyone and are subjective to change at any time in order to address any new issues that could damage the functionality of Keetro. Any such changes will take effect immediately on all subsequent access or use of Keetro. We will send notices to you via the email address you provide informing of changes taking place.

If you do not wish to be bound by any of the provisions found in this Agreement, now or in the future, you may reject the Terms of Use by not using or accessing Keetro.

 

2. Definitions

a) A “user” is someone who accesses, browses, crawls or in anyway uses Keetro.  The terms “you” and “your” refer to you, as a user of Keetro.  Any individual, corporation, association, agency, company, or other entity who accesses or uses Keetro is considered a user;

b) The terms “we”, “us”, “our”, refer to Keetro, its representatives, and agents;

c) “Content” represents text, images, photos, audio, video, and all other forms of data or communication that appears on Keetro.  “Your Content” means Content that is submitted or transmitted to or through Keetro, such as ads, ratings, comments, compliments, invitations, and other information that you as a user submit on Keetro. "Third Party Content" means Content that is made available on Keetro by parties other than Keetro or you as a user.  “User Content” refers to content provided by users of Keetro including “Your Content” and “Third Party Content”. “Keetro Content” is the Content created by the Keetro team and made available to Keetro. "Site Content" refers to all of the Content that is made available on Keetro, including Your Content, Third Party Content, and Keetro Content;

d) “Agreement” refers to the Terms and Conditions of Use to which you as a user agree to in order to use Keetro and its services.

 

3. Content

Keetro contains Content from multiple sources such as us, you, and other users. Content must be relevant to the category under which the ad is posted. If the product or service is relevant to more than one category, the ad must be posted under the category with the highest relevancy. Duplicate posts are unacceptable on Keetro and a warning will follow the first offense, while if it happens a second time, discontinuation of the account responsible for the double posting is to be expected. You are responsible for any Content that is posted or transmitted through Keetro, and if you create an account, responsibility is yours for all User Content posted or transmitted through or by use of the mentioned account.

Prohibited Content includes:

- Adult, Sexual or Erotic Products and Services

- Alcoholic Beverages

- Anything which may lead to the violation of the Terms of Use

- Baby Walkers

- Blood, Bodily Fluids and Body Parts

- Burglary Tools

- Car seats manufactured prior to January 1st, 2012 (required by law)

- Commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials (dealer pages are exempt from this condition)

- Counterfeit currency, stamps or coins

- Counterfeit Products

- Electronic Surveillance Equipment designed or used primarily for the illegal interception/record of private actions or the interactions of others without their knowledge or permission (a.k.a “spy gear”)

- Embargoed Goods

- Encrypted material or viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information

- Escort or accompanying services

- False or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Keetro)

- Government and Transit Uniforms, IDs, badges and Licenses (including police equipment)

- Health or weight loss products that have not been approved by Health Canada

- Illegal Drugs & Drug Paraphernalia

- Illegal Products and Services

- Hazardous Materials

- Fireworks, Destructive Devices and Explosives

- Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)

- Language or images intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures

- Lottery Tickets, Sweepstakes Entries and Slot Machines

- Massage services

- Malicious content (malware, spyware, etc.)

- Material that is not in English or French

- Obscene Material and Child Pornography

- Offensive Material (including, without limitation, defamatory, threatening, hateful or pornographic, profane content)

- Pesticides

- Pictures or images that contain nudity

- Prescription Drugs and Devices

- Prostitution or ads that offer sex, sexual favours or sexual actions in exchange for money

- Recalled items

- Satellite products that violate the Radio-communication Act

- Solicitation of other users except by placing an Ad

- Spam, chain or other mass messaging

- Stocks and Other Securities

- Stolen Property

- Taxidermied Animals

- Tobacco Products

- Transmissions constituting or encouraging conduct that would constitute an illegal activity or otherwise give rise to civil liability

- Used Cosmetics

- Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, knives, archery equipment, and martial arts weapons)

 

4. Conduct

Keetro cannot possibly control and does not do so, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You are also responsible for your own conduct and activities on, through or related to Keetro, and, if you create an account on Keetro, you are responsible for all conduct or activities on, through or by use of your account.

While accessing and using Keetro, you agree that you will not do any of the following:

- Violate any local, provincial, or national laws;

- Post Content that is in direct violation with the Content conditions mentioned on number 3;

- Use any robot, spider, scraper or other automated means to access Keetro and collect Content for any purpose without the express written permission of Keetro or its representatives;

- Impose an unreasonable load on our infrastructure or interfere with the proper working of Keetro;

- Make accusations of illegal activity, or describe physical confrontations and/or sexual harassment;

- Claim to represent or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;

- Act in an inappropriate manner which is inconsistent with the goods and services, atmosphere, or other attributes of Keetro;

- Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access and use Keetro;

- Harvest or otherwise collect information about others, including email addresses, without their consent;

- Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

- Bypass measures used to prevent or restrict access to Keetro;

- Be offensive, harmful and/or abusive (including but not limited to using profanities, obscenities, harassment, vulgarities, sexually explicit vocabulary or do anything that promotes bigotry or discrimination against protected classes (racist/discriminatory speech or imagery, etc.);

- Be false or misleading;

- Restrict or inhibit any other user from using and enjoying the services provided by Keetro in any way;

 

5.Disclaimer of Warranty and Limitation of Liability

Because most Site Content is User Content, Keetro does not control and is not responsible for any Content posted by users, and as a result makes no representations or warranties, such as accuracy, quality, usefulness, merchantability, durability, fitness for a particular purpose, completeness, availability, timeliness, legality or safety, with respect to it. Keetro has the right to moderate Content although it has no obligation to do so. Keetro and its services are provided on an “AS IS” or “AS AVAILABLE” basis therefore the user is solely responsible for the access to, use of and/or reliance on any User Content. Your use of Keetro is at your own risk and therefore you must use your better judgement in conducting any necessary and appropriate, prudent or judicious investigation, research, inquiry and due diligence with respect to any User Content. Keetro.ca has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by keetro.ca of the site. Use of any such linked web site is at the user's own risk. Links to other classified ad sites and/or sites which offer a similar service are not allowed. Keetro disclaims any warranties related, including, and not limited to transactions or potential transactions, goods or services, and information promised or exchanged, or any other Content, and interactions with other third parties, which may be experienced as a result of using Keetro or accessing any links in the Site Content.

Keetro and it representatives will under no circumstances be held liable for any use of, reliance on, or access to Keetro or any Site Content available. Use can refer to, but is not limited to transactions, communications, interactions, disputes or any possible relations that can arise between you and any other user as a result of using Keetro. We are not liable for any loss, may it be of money (including profit), reputation, goodwill or damages of any kind (including but not limited to special, direct, indirect, incidental, statutory, punitive, exemplary or consequential damages) which may arise out of your use of Keetro, even in the case we are advised of any such damage occurring or we could reasonably foresee it. Although Keetro will do its best to maintain the website clean and safe, it does not have this obligation, therefore Keetro disclaims any warranties with respect to: computer worms, viruses, spyware, adware and any other malware, and also malicious code or any harmful content or components accessed, received or disseminated through, related to or as a result of Keetro or Content accessed through Keetro. The limitation of liability presented applies regardless of, and without restriction to, whether the alleged liability arose as a result of authorized or unauthorized access to Keetro and use of its services including Content, failure to access or use Keetro and its services, any removal, discontinuance, limitation, deletion, modification, suspension or termination of Keetro.

Some jurisdictions do not allow the disclaimer of warranties as stated above or exclusion of damages, and as a result they may not apply to you.

You hereby release Keetro and each of the its representatives and affiliates from all claims, demands and damages of every kind and nature (may they be known or unknown, suspected or unsuspected, direct or indirect, disclosed or undisclosed), arising out of or in any way related to Keetro or its Content.

 

6. Indemnification

You agree to indemnify and hold Keetro and its representatives harmless, including costs, legal fees, and liabilities, from and against any third-party claim, cause of action, demand or any damages related to or arising as a result of:

- Your own conduct or activities on, through or related to Keetro;

- Any conduct or activities made on, through or by use of your Keetro account, if any;

- Your violation of the Terms and Conditions of Use

- The infringement by you or any third party using your account

This indemnification obligation includes the payment of any attorneys' fees and costs incurred by Keetro.

 

7. Termination

You are under no obligation to use or continue to use Keetro and may at any time temporarily or permanently cease using its services. If you feel dissatisfied with any policies, practices, or services of Keetro, please let us know, and if justified, will look into it. Although, the only right regarding dissatisfaction is for you to discontinue the use of Keetro. We may, at any time in our sole discretion do any of the following due to conduct that Keetro finds to be a violation of the Agreement:

- Temporarily suspend or terminate your access to and use of Keetro or any of its services;

- Move, edit, delete or erase any Content that you make available on;

- Access, preserve, or disclose any Content that you make available to Keetro;

- Take any other remedial action available at law in response to a breach of this Agreement.

 

In the event of termination, you may no longer use or access Keetro whatsoever and the limitations of liabilities and disclaimers established will survive.

 

8. Miscellaneous

This Agreement entails the entire agreement between Keetro and you, the user, while superseding any prior made agreements, oral or written, with respect to the subject matter herein. Other than the Keetro representatives, there are no third party beneficiaries to the Terms and Conditions of Use. The Agreement is personal to you and you may not assign any of the obligations or rights to a third party. Our failure to insist upon, or otherwise enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right. This Agreement or any other policy may be revised at any time and from time to time, and any such changes will take effect immediately on all subsequent access or use of Keetro. You agree to review this Agreement periodically in order to be aware of such changes. In the case of you finding any such revision unacceptable, you must discontinue accessing and using Keetro. Continued use shall conclusively be deemed acceptance of all such revisions. If a court strikes down any of the terms provided, those terms shall be construed in accordance with applicable law as to reflect as close as possible the original intention of the parties, while the remaining terms will survive with full force and effect. These Terms and Conditions of Use, any and all claims, causes of action or disputes (regardless of theory) between you and Keetro, shall be governed by and construed in accordance with the applicable laws of the province in which you, the user, reside and the federal laws of Canada, and the parties hereby agree to submit to the exclusive jurisdiction of the courts of the province of residence of the user. You further agree, regardless of any law to the contrary, to file any cause of action or claim within 6 months after such cause of action or claim has risen or the matter in question will forever be nullified. The materials contained in this web site are protected by applicable copyright and trade mark law. References to any of these trademarks or copyrights have been done strictly for the purpose of identification and clarification and therefore do not constitute endorsement by Keetro of the products, services or information offered by the owners of the trademarks or copyrights. The parties have required that these Terms of Use and all related documents be drawn up in English.


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