TERMS OF USE




Last Updated:   February 1st, 2016


Please read the following terms of use ("Terms of Use") before accessing and using bookmark.com and any of its subdomains  (“Website”), or using any of Bookmark’s services (“Services”).  By accessing and using the Website or the Services, 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 or stop using the Services immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.




OWNERSHIP


The Website is owned and operated by Bookmark Your Life, Inc. (“Bookmark”). Any and all content, templates, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website (collectively, the "Content") contained in this Website are proprietary to Bookmark, its affiliates or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.




RESTRICTIONS ON USE


You are granted a limited, revocable, non-transferable and non-exclusive license to use the Content to the extent, and only to the extent necessary to access and use the Website and the Services.  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 Bookmark. To obtain written consent for such reproduction, please contact us at info@bookmark.com.




REGISTRATION AND PASSWORDS


To access certain portions of the Website and/or to use certain of our Services, you may be asked to complete an online registration form. In consideration for your use of this Website and the Services, 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 will choose a username and password. You are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify Bookmark of any unauthorized use of your password or username or any other breach of security.

Registration on the Website is limited to persons above the age of majority in their jurisdiction of residence.




SERVICES


The services that you request from Bookmark by signing up and by means of any online order forms on the site or otherwise in writing, and which Bookmark agrees to provide subject to these Terms of Use are the “Services.”

Additional Services: Any additional services related to Hosted Websites or Domain Name Registration Services that are requested by you and that Bookmark in its sole discretion provides (“Additional Services”) are deemed to be Services provided pursuant to these Terms of Use at Bookmark’s then-current rates.




TRIALS & PURCHASES


We offer various products and Services for sale on our Website, including website development services, domain name services, email services and stock images.  You will be required to register on our Website in order to use any of our free or paid Services.

Order Process:  You will not be able to make changes to your order once you have submitted it. Bookmark reserves the right, at its sole discretion, to cancel or refuse any order for any reason.  Some situations that may result in your order being cancelled or refused are (i) inaccuracies or errors in pricing information on the Website; or (ii) our inability to confirm or obtain authorization for charges to your credit card.  We may also require additional verifications or information before accepting any order.  Bookmark will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.  

Prices & Currency:   The prices displayed on the Website are shown in US dollars.  You are responsible for the payment of any federal or provincial taxes that may apply to your order.  These taxes are included in the prices displayed on the Website.

Payment Methods:   You may pay for your order using any of the methods presented to you during checkout. Your name, address and postal code must match the name, address and postal code associated with your payment method.  You authorize Bookmark to charge the applicable payment method the total amount of your order, including applicable taxes.  You represent and warrant that you are the holder and authorized user of the applicable card or account.  If your payment method cannot be validated or processed, Bookmark will have no obligation to fulfil your order. 

Subscription Memberships:  All subscription membership purchases made on the Website will renew automatically.  Unless you notify us or cancel your subscription in your account settings before a charge that you want to cancel, you understand that your purchase will automatically renew on the interval you selected during your original purchase, and you authorize us to collect the then-applicable fee and any taxes, using the payment card provided when you made the original purchase.

Refunds:  We offer a 14-day money back guarantee on our subscription memberships.  If you are not satisfied with your purchase, you can contact our help centre within 14-days of your purchase for a refund. No refunds will be provided on the purchase of domain names, email services or stock photos.

One-Year Free Domain Name: If the cost of registering a single domain name for one year is included in the annual subscription membership you are purchasing on the Website, and the domain name that you wish to register is both an eligible type of domain name and available, Bookmark will register the domain for you without charging the domain registration fee so long as you continue to subscribe to the Services for a period of at least 12 months. However, if the subscription is terminated less than 12 months after registering the domain name, or you attempt to transfer the domain name during that 12 month period, Bookmark will charge you and you are required to pay Bookmark’s then current fee for registering a domain name.




USER CONDUCT


You agree to abide by all applicable federal, provincial, territorial and other laws and regulations when using the Website or the Services, including when creating a Hosted Website.  In addition, without limiting the foregoing, you agree not to:

The foregoing is collectively referred to as the “Code of Conduct”.




FORUMS


Bookmark may provide you with the opportunity to submit content or other materials (“Materials”) to the Website, including through a variety of features such as through a discussion forum or bulletin board (“Forums”).  Bookmark is not responsible for Material posted on the Website or in such Forums and will not have any liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise.  Bookmark may, but is not obligated to, monitor or review activity and the content of any communications on the Website and in the Forums.  Bookmark reserves the right to terminate the privilege of any user to post on a Forum if such users violate these Terms of Use or the Code of Conduct.

For any Material that you submit, you grant Bookmark a royalty-free, irrevocable, transferable right and license to use the content however Bookmark desires, including without limitation, to copy, reproduce, delete in its entirety, adapt, publish, communicate by telecommunications to the public all or any portion of the content, translate, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world, in all cases without compensation to you.




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 Bookmark and that Bookmark has no control over the content of such websites. Consequently, Bookmark 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.




HOSTED WEBSITES


As part of the Services, we may provide you with website templates and may host a website (a “Hosted Website”) and provide certain website functions on your behalf.  

The templates we provide may be populated with sample content.  You agree that you will not make these templates or the sample content publicly available and that you will remove all sample content from your Hosted Website before permitting any third parties to access or use the Hosted Website.

All Hosted Websites must comply with the Code of Conduct.  You are legally responsible for any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information contained on your Hosted Website (“Hosted Website Content”). You hereby grant Bookmark a worldwide, royalty-free, non-exclusive license to host, use and reproduce the Hosted Website Content, and to make it available on the Internet in order to provide you with the Hosted Website your requested and our Services.  You hereby represent and warrant that you have the rights necessary to grant us such license.

If you cancel your subscription, it will become effective immediately.  You will be downgraded to a free membership and we will have no obligation to retain your Hosted Website Content.

As part of your Hosted Website, we may enable an event registration component, in connection with which we may send event confirmation and other emails on your behalf.  




DOMAIN NAME REGISTRATION


Ownership and Maintenance: By purchasing a domain name, you become the legal owner of the domain name. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar (http://www.opensrs.com/docs/contracts/exhibita.htm).You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. Bookmark will make reasonable efforts to contact you before the end of the registration period and provide you with the option to renew your domain name registration. Bookmark shall not be liable for loss of the domain name.

ICANN Requirements: You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN. https://www.icann.org/

Privacy Registration: You are responsible for obtaining privacy registration of your domain name. You acknowledge that the privacy service is provided by the applicable registrar, not Bookmark.

As is: Assistance with registering domain names and securing related privacy services is provided “as is” and without any warranties, representations or conditions whatsoever.




ACCURACY OF INFORMATION


Although Bookmark takes all possible steps to ensure the accuracy of the information or Content included on this Website, no assurance is given that information or material on this Website is up-to-date, accurate, error-free or complete.  Bookmark takes no responsibility for errors or omissions in the information or Content of this Website or any Hosted Website. We reserve the right to correct, change or update information on this Website at any time without prior notice.




DISCLAIMER / LIMITATION OF LIABILITY


THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep the Content contained on the Website accurate as much as possible, errors and/or omissions may occur.  YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF ALL HOSTED WEBSITE CONTENT.  BOOKMARK WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION ON HOSTED WEBSITES AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES.

THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BOOKMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  BOOKMARK DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE OR ANY HOSTED WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL BOOKMARK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, ANY HOSTED WEBSITE OR ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR ANY HOSTED WEBSITE, EVEN IF BOOKMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.




INDEMNITY


You agree to indemnify and hold harmless Bookmark, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), arising from or related to (i) your (or anyone acting under your password or username) use of this Website, use of Website services or any wilful misconduct on your part in connection thereto, or any alleged violation by you of these Terms of Use, including the Code of Conduct, or (ii) the use of, access to, interaction with or reliance upon, your Hosted Site.




PRIVACY


Bookmark respects your right to privacy. Please review our Privacy Notice for details on the manner in which we collect, use, disclose and otherwise manage personal information.




CHANGES AND TERMINATION


Bookmark reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. Further, Bookmark reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the top of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Bookmark to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Service or Content available through the Website, is to stop visiting and using the Website.




TRADEMARKS


"Bookmark" and trademarks of Bookmark. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Bookmark. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.




APPLICABLE LAWS


Unless the applicable laws of your jurisdiction, which may include the Province of  Quebec, require that the laws of your jurisdiction govern, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Ontario.




GENERAL


These Terms of Use, the details of your order and all other notices posted on the Website constitute the entire agreement between you and Bookmark with respect to your use of the Website and any purchase of products or Services through the Website.  If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced.  The delay or failure of Bookmark to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Bookmark’s rights with respect to such breach or any subsequent breaches.  Bookmark shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control.  You may not assign these Terms of Use to any third party without the prior written consent of Bookmark.  These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heirs, executor, administrator and other legal representatives; and (ii) Bookmark and its successors and assigns.  Notwithstanding any other provision of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use.




NOTICE


Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the Services, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us at info@bookmark.com.