O'Leary Ventures

TERMS & CONDITIONS

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING AN O’LEARY SITE OR ANY PAY SERVICES.

 

Last updated on October 4, 2012

 

1. INTRODUCTION

Welcome to the Internet sites of O’Leary Ventures Corporation and its affiliates (collectively, “O’Leary”) which reference these Terms and Conditions, including, without limitation, kevinoleary.com (each an “O’Leary Site” and collectively the “O’Leary Sites”). By using an O’Leary Site, or any of the products or services (collectively, the “Services”) available on an O’Leary Site, including Services offered on a payment basis (each a “Pay Service”), you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of an O’Leary Site or Service, or, in the case of a Pay Service, which form part of your agreement to pay to access or use any particular O’Leary Site or Service (your “Pay Services Agreement”), all as may be modified by O’Leary Ventures from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use an O’Leary Site or any of the Services on an O’Leary Site and must terminate any applicable Pay Services Agreement.

 

2. REGISTRATION, ACCOUNTS AND PASSWORDS

Certain of the Services and related material, software, information, data and other content made available on an O’Leary Site (“Content”) may require registration or subscription. Should you choose to register or subscribe for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on an O’Leary Site, and (b) all activities that occur, including transaction effected, under such password or account. Further, you agree to notify O’Leary Ventures of any unauthorized use of your password or account. O’Leary Ventures will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

 

3. RESTRICTIONS ON USE OF MATERIALS

All Content available on an O’Leary Site, including the manner in which such Content is presented, and the Services are: Copyright © O’Leary Ventures Corporation, its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. O’Leary Ventures and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through an O’Leary Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

 

4. TRADEMARKS

The O’Leary Ventures logo, kevinoleary.com, O’Leary Ventures and all associated designs and logos are trademarks of O’Leary Ventures Corporation, used under license by affiliates. All other product, brand and company names and logos used or mentioned on an O’Leary Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on an O’Leary Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

 

5. USER CONDUCT

In consideration of the availability, and your use, of an O’Leary Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such O’Leary Site or Service. You acknowledge that O’Leary Ventures may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use an O’Leary Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying an O’Leary Site, any of the Services, or the Internet;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  • post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use an O’Leary Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying an O’Leary Site, any of the Services, or the Internet;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  • post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

 

6. RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use an O’Leary Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of an O’Leary Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of an O’Leary Site may contain material that is inappropriate for minors.

 

7. FORUMS AND CONTENT SUBMISSIONS

By uploading materials to any chat board or forum available on an O’Leary Site (collectively “Forums”) or otherwise submitting any materials to us through any other content generating or submitting Service on an O’Leary Site, you automatically grant (or warrant that the owner of such materials expressly grants) O’Leary Ventures and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license will apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. O’Leary Ventures and/or its affiliates and licensors cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that O’Leary Ventures reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
All letters, articles, comments, and other material submitted for publication may be published, distributed and stored by O’Leary Ventures, its assignees and its licensees in whole or in part, in print or by any other means, including but not limited to electronic, worldwide and in perpetuity, without compensation to the author.

 

8. DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE O’LEARY SITES AND ANY OF THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EACH OF O’LEARY VENTURES, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “O’LEARY GROUP”) DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE O’LEARY GROUP SPECIFICALLY MAKES NO WARRANTIES THAT AN O’LEARY SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF AN O’LEARY SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

 

9. PROFESSIONAL INFORMATION DISCLAIMER

The O’Leary Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (“Professional Information”). Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of Profession Information or other Content does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any Professional Information rests with you. You further agree that the O’Leary Group, including its suppliers, will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.

 

10. FINANCIAL INFORMATION DISCLAIMER

The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by the O’Leary Group through an O’Leary Site or any of the Services is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by the O’Leary Group; and (c) not necessarily reflective of the views or policy of O’Leary Ventures, including the publisher, contributors and staff of, and advertisers on, an O’Leary Site. You acknowledge and agree that any request for information by you is unsolicited and will neither constitute nor be construed as investment advice by the O’Leary Group. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. THE O’LEARY GROUP DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.

You acknowledge that O’Leary Ventures, its affiliates and licensors, and employees, subcontractors or agents may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through an O’Leary Site. The views and opinions expressed on an O’Leary Site are not intended to constitute a description of securities bought, sold, or held on behalf of the O’Leary Group nor an indication by the O’Leary Group of any intention to buy, sell, or hold any security.

 

11. DISCLAIMER REGARDING SEARCH CONTENT

Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the “Multimedia Content”) located through an O’Leary Site’s search services are protected by copyright and/or other intellectual property laws. O’Leary Ventures does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside an O’Leary Site, all of the Multimedia Content contained on such sites is owned and served by entities other than O’Leary Ventures. O’Leary Ventures provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through an O’Leary Site’s search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.

 

12. MONITORING

You acknowledge that O’Leary Ventures has no obligation to monitor an O’Leary Site or any content accessible through an O’Leary Site or any of the Services. However, you agree that O’Leary Ventures has the right to monitor an O’Leary Site electronically from time to time and to disclose any information, including your personal information, as necessary to satisfy any law, regulation or other governmental request, to operate an O’Leary Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.

 

13. MODIFICATIONS

For users of the O’Leary Sites other than in relation to Pay Services Agreements, O’Leary Ventures reserves the right, in its sole discretion, to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on an O’Leary Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of any O’Leary Sites and any of the Services immediately. Your continued use of an O’Leary Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, O’Leary Ventures reserves the right to change, modify, suspend or discontinue any aspect of an O’Leary Site, Services or Content from time to time without notice or liability and for any reason whatsoever. For users who have entered into a Pay Services Agreement, modifications to your Pay Services Agreement or these Terms and Conditions are discussed below.

 

14. DOWNLOADS AND SHAREWARE

Certain O’Leary Sites may from time to time allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by O’Leary Ventures or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by O’Leary Ventures or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that O’Leary Ventures or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that the O’Leary Group, including its suppliers, to the maximum extent permitted by law, makes no warranties regarding the Software, and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.

 

15. CONTENT LINKED TO AN O’LEARY SITE

Please exercise discretion while browsing the Internet. Please note that certain links on an O’Leary Site may take you to other websites. O’Leary Ventures provides these links only as a convenience and not as an endorsement by O’Leary Ventures. These linked sites are not necessarily under the control of O’Leary Ventures. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. O’Leary Ventures is not responsible for the content of any such linked sites or any other web page which is not part of an O’Leary Site and under O’Leary Ventures’s control. Unless otherwise expressly provided, the O’Leary Group makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that the O’Leary Group will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from an O’Leary Site.

 

16. DEALINGS WITH THIRD PARTIES

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, an O’Leary Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. O’Leary Ventures Group assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that the O’Leary Group will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

 

17. SUBSCRIPTION/FEE BASED SERVICES

Certain of the Services and Content made available on an O’Leary Site may be offered by O’Leary Ventures on a payment basis. These Pay Services may be offered by O’Leary Ventures on a prepaid usage basis or on a periodic subscription (“Subscription”) basis. Should you choose to purchase or subscribe to certain Pay Services, you will be required to register as described at the time of registration for the Pay Service, and you will be assigned an account for such Pay Service (the “Pay Service Account”) based on the information you provide as part of the registration process. You will be responsible for all uses of your Pay Services Account, including transactions effected and all applicable Pay Services fees, together with all applicable taxes (collectively, the “Fees”), incurred through your Pay Services Account. You agree to pay all the Fees applicable for such Pay Service which you incur. You agree to immediately notify O’Leary Ventures of any unauthorized use of your Pay Services Account. Unless otherwise indicated in the registration process, in your Pay Services Agreement or in these Terms and Conditions, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each payment period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account (the “Account Credit Card”) or through such other billing process as applicable. All Fees are non-refundable.
 
Please note that Subscription Pay Services are billed automatically at the end of each payment period as set out in your Pay Services Agreement and Fees in respect of each payment period will be based on the then-current rate for the particular Subscription Pay Service. You may terminate your Pay Services Agreement at any time, which termination will only be effective at the end of the payment period in which you terminate your Pay Services Agreement, in accordance with these Terms and Conditions and your Pay Services Agreement.
 
By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all Account Credit Card information), and (c) you are the cardholder of the Account Credit Card.
 
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the terms of your Pay Services Agreement and these Terms and Conditions, including, without limitation, the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein; (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account; (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever; (d) that O’Leary Ventures reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service; and (e) that O’Leary Ventures reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service in accordance with these Terms and Conditions and your Pay Services Agreement.

 

18. MODIFICATION PAY SERVICE AGREEMENTS AND TERMS OF SERVICE IN CONNECTION WITH SUBSCRIPTION/FEE BASED SERVICE

O’Leary Ventures may at any time and from time to time amend or modify these Terms and Conditions or a Pay Service Agreement, including any Fees, features or other aspects of Pay Services, upon notice to you. Notification may be provided using one or more of the following methods: (i) letter mailed to your billing address; (ii) bill message or insert; (iii) e-mail to one or more of your email accounts provided to O’Leary Ventures; (iv) posting on O’Leary Ventures website; (v) newspaper ad; or (vi) speaking to you or leaving a message for you. If you do not agree to any such amendments or modifications of your Pay Services Agreement or these Terms and Conditions, your sole remedy is to immediately stop using the O’Leary Sites and Services, including Pay Services, and to terminate your Pay Services Agreement and these Terms and Conditions in accordance with these Terms and Conditions and your Pay Services Agreement. You can review the most current version of these Terms and Conditions at www.kevinoleary.com.

 

19. O’LEARY VENTURES TERMINATION

O’Leary Ventures reserves the right to suspend or terminate your Account and your access to the Site, Services and Content, including Pay Services, at any time for convenience, or for any other reason, including without limitation, if: (a) the Account Credit Card is invalid for any reason; (b) you give O’Leary Ventures and/or its affiliates or licensors false or misleading information; (c) O’Leary Ventures and/or its affiliates or licensors does not receive any payment when due; or (d) O’Leary Ventures has determined, in its sole discretion, that the use of an O’Leary Site or of any Services through your Account is, or was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use. Any such termination by O’Leary Ventures will be in addition to and without prejudice to such rights and remedies as may be available to O’Leary Ventures, including injunction and other equitable remedies. Your ability to use the Pay Services is also subject to any limits established by O’Leary Ventures or by your Account Credit Card issuer. If Fees cannot be charged to your Account Credit Card or your charge is returned for any reason, including chargeback, O’Leary Ventures reserves the right to either suspend or terminate your Pay Services Account and your access to the Pay Services. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your Account, these Terms and Conditions and your Pay Services Agreement.

 

20. SUBSCRIBER TERMINATION

You may terminate your subscription to a Pay Service for a Subscription at any time by accessing the “Cancel Subscription” link within the Member Centre section of the Site. All terminations will be effective at the end of the month in which such termination was effected. O’Leary Ventures will not, under any circumstances, provide any refund in connection with the termination of any Pay Service for a Subscription with a duration of one month or less. With respect to the termination of Pay Services for a Subscription which are longer than one month, O’Leary Ventures will provide a refund (in the form of a credit against the Account Credit Card) in an amount equal to: (i) the amount charged against the Account Credit Card and received by O’Leary Ventures for the applicable Pay Service for a Subscription, less (ii) the regular amount that would have been payable if calculated on a monthly basis for the applicable subscription period up to the end of the monthly period in which termination is effective.

 

21. INDEMNIFICATION

You agree to defend, indemnify and hold harmless each member of the O’Leary Group and each of their respective officers, directors, employees and agents, including all third parties mentioned on an O’Leary Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of an O’Leary Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from an O’Leary Site or through any of the Services. You will use your best efforts to cooperate with the O’Leary Group in the defense of any claim. O’Leary Ventures Group reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

22. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE O’LEARY GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER O’Leary Ventures HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF AN O’LEARY SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO AAN O’LEARY SITE OR ANY OF THE SERVICES.
You expressly acknowledge that O’Leary Ventures has entered into your Pay Services Agreement and these Terms and Conditions, and has and will make certain O’Leary Sites, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and O’Leary Ventures. You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your Pay Services Agreement or these Terms and Conditions.

 

23. GOVERNING LAW/JURISDICTIONAL ISSUES

All O’Leary Sites and Services are controlled, operated and administered by O’Leary Ventures from its offices within Canada. O’Leary Ventures makes no representation or warranty that an O’Leary Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access an O’Leary Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through an O’Leary Site in violation of applicable export laws and regulations. These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to Section 24 (Arbitration and Actions) below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

 

24. ARBITRATION AND ACTIONS

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, a Pay Service (unless otherwise specified in Pay Services Agreement), your Pay Services Agreement, your use of any O’Leary Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Site or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the O’Leary Group relating to any Claim and you also agree to opt out of any class proceedings against the O’Leary Group. Notwithstanding the foregoing, O’Leary Ventures reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

25. SUBMISSION OF IDEAS OR SUGGESTIONS

O’Leary Ventures is always improving O’Leary Ventures sites and services and developing new features. We are also interested in learning about private business opportunities from time to time. If you have ideas or suggestions regarding improvements or additions, or about a private business opportunity, O’Leary Ventures would like to hear them – but any submission will be subject to these terms and conditions. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR SUGGESTION OR RELATED MATERIAL TO O’LEARY VENTURES AND/OR ITS AFFILIATES OR LICENSORS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL TO O’LEARY VENTURES AND/OR ITS AFFILIATES OR LICENSORS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO O’LEARY VENTURES AND/OR ITS AFFILIATES OR LICENSORS THAT THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR SUGGESTION OR ANY RELATED MATERIAL AND THAT O’LEARY VENTURES AND/OR ITS AFFILIATES OR LICENSORS IS FREE TO IMPLEMENT THE IDEA OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY O’LEARY VENTURES AND/OR ITS AFFILIATES OR LICENSORS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

 

26. PRIVACY

For information on how user information is collected, used and disclosed by O’Leary Ventures in connection with your use of an O’Leary Site and any of the Services, please consult our Privacy Policy (see below).

 

27. GENERAL PROVISIONS

These Terms and Conditions and any Pay Services Agreement you have entered into are personal to you, and you may not assign your rights or obligations to anyone. Your Pay Services Agreement and these Terms and Conditions constitute the entire agreement between O’Leary Ventures and you pertaining to your use of an O’Leary Site, Services and Content and supercede any prior agreements between you and O’Leary Ventures with respect to the subject matter hereof. O’Leary Ventures’s failure to insist upon or enforce strict performance of any right or provision of your Pay Services Agreement or these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in your Pay Services Agreement or these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of the O’Leary Sites or which is the subject of your Pay Services Agreement or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to your Pay Services Agreement or these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that your Pay Services Agreement and these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.

 

28. O’Leary Fine Wines

Certain portions of one or more O’Leary Sites, which feature branding by O’Leary Fine Wines or a similar mark(s) (the “Wine Pages”), include content related to wine. The Wine Pages may be considered advertising or marketing material for alcohol or wine in your jurisdiction. By visiting any Wine Pages, you represent and warrant that you are above the legal drinking age in your jurisdiction.

 

O’Leary Fine Wines Photo Upload Terms of Use

 
The Wine Pages may feature a photo upload service which allows users to submit photos for inclusion on O’Leary Sites, including the Wine Pages.

 
By accessing the Wine Pages and/or uploading your photo (the “Photo”), you indicate your acknowledgement and acceptance of these Terms and Conditions.

 
Ownership of the Photo remains with You. You hereby grant O’Leary Ventures the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to Use your Photo, including publicly displaying, reproducing, making derivative works of, adapting, transmitting, arranging, or modifying your Photo, consistent with such Use, including but without limitation for purposes such as advertising, marketing, promotion and sales.
You alone are responsible for Your Photo. You assume all risks associated with Your Photo, including making yourself and any other individuals in the Photo personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of Your Photo as described herein. You may expose Yourself to liability, for example, if Your Photo is false, intentionally misleading, violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of privacy, or any other intellectual property or proprietary right, contains material that is unlawful. You warrant that You have the right to grant the license set out above.

 

Restrictions

 
In connection with Your use of the O’Leary Sites, including the uploading or submission of the Photo, You acknowledge and agree that You shall not:

  • Impersonate any person or entity;
  • Upload or submit a Photo that You do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Upload a Photo that is harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, hateful, ethnically or otherwise objectionable or generally unlawful;
  • Upload any Photo that could be interpreted as encouraging irresponsible use of alcohol, including without limitation, any consumption of alcohol by minors; or
  • Violate any applicable law.

 
We reserve the right not to post, or to remove any Photo for any reason whatsoever, including no reason.

 

Indemnification

 
You agree to indemnify and hold harmless O’Leary Ventures from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against O’Leary Fine Wines, which result from or relate to Your use of the Website and any violation of these Terms of Use, including, but not limited to, any violation of any third party rights with respect to the Photo. You will give Public prompt notice of any such demand, claim or proceeding that You are aware of.

 

Limitation of Liability

 
IN NO EVENT WILL O’LEARY VENTURES, VINELAND ESTATES WINERY OR ANY OF THEIR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES ( INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM ) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS WEBSITE, THEIR CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT PUBLIC OR ITS AFFILIATES, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Minors

 
If You are under the legal drinking age in your jurisdiction, please do not attempt to register or upload the Photo to our Website. This service is not available to minors under the legal drinking age in their jurisdiction.

 

Privacy

 
O’Leary Ventures collects the following personal information from You: description of your photo; your name; email address; your city; your state/province; the Photo; as well as any other personal information that you may provide Us. Public collects Your Personal Information for the purposes identified above with respect to O’Leary Ventures Use of Your Photo.

 

Provision, Sale and Marketing of Wine

 
O’Leary Ventures has licensed certain trademarks, copyrights and other intellectual property, including the brand “O’Leary Fine Wines” to Vineland Estates Winery. All wines with this branding are bottled, sold and distributed by Vineland Estates Winery. All marketing messaging for O’Leary Fine Wines has been reviewed and approved by Vineland Estates Winery for compliance with applicable law. O’Leary Fine Wines, the magpie graphic, and the stylized “O’Leary” logo that appears on wine bottles are trademarks or registered trademarks of O’Leary Ventures Corporation, all rights reserved. All content and messaging is copyright O’Leary Ventures Corporation, all rights reserved.

 

PRIVACY POLICY

O’Leary Ventures Corporation (“O’Leary Ventures”) Privacy Policy

 

Most recently amended September 22, 2011.

 

Scope And Application Of The O’Leary Ventures Privacy Policy

The scope and application of the O’Leary Ventures Privacy Policy are as follows.

 

The O’Leary Ventures Privacy Policy applies to Personal Information about O’Leary Ventures Employees and non-employee Persons who interact with O’Leary Ventures that is collected, used or disclosed by O’Leary Ventures.

 

Employees in this context includes past and present employees and independent contractors of O’Leary Ventures.

 

Non-employee Persons in this context includes Individuals who are viewers, readers, subscribers, advertisers, contest participants, job applicants, Internet users who are exposed to the media content of O’Leary Ventures or an O’Leary Ventures Company and about whom O’Leary Ventures collects Personal Information.

 

The O’Leary Ventures Privacy Policy applies to the management of Personal Information in any form whether oral, electronic or written. O’Leary Ventures reserves the right to amend this O’Leary Ventures Privacy Policy from time to time.

 

The application of the O’Leary Ventures Privacy Policy is subject to the requirements or provisions of any applicable legislation, regulations or agreements (such as collective agreements), or the order of any court or other lawful authority.

 

Exclusions from Privacy Protection

The O’Leary Ventures Privacy Policy does not impose any limits on the collection, use or disclosure of the following information by an O’Leary Ventures Company: a) information that is publicly available, such as a Person’s name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about O’Leary Ventures customers, or number of visitors and average time spent on a website.

 

Purposes for Collection of Personal Information

O’Leary Ventures has collected and collects Personal Information for the following purposes: a) to establish and maintain responsible commercial relations with Individuals and to provide ongoing service; b) to understand Individual needs; c) to develop, enhance, market or provide products and services; d) to manage and develop its business and operations, including personnel and employment matters; and e) to meet legal or regulatory requirements, including to protect or defend a legal interest, and in connection with an actual or possible O’Leary Ventures corporate re-organization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets of O’Leary Ventures, provided that the Personal Information disclosed continues to be used by the entity acquiring the information either for evaluation of the possible transaction, or, on completion of any such transaction, for the purposes permitted by this Privacy Policy.

 

As examples of the above:

  • O’Leary Ventures may from time to time use a Person’s Personal Information to contact the Person about changes, enhancements or similar notices related to O’Leary Ventures products and services;
  • If a Person indicated that he/she was interested in receiving offers or information from O’Leary Ventures or certain of our selected sponsors or advertisers, O’Leary Ventures may send the Person materials about products and services that O’Leary Ventures feels may be of interest to the Person; and
  • If a Person enters a contest or other promotion offered on an O’Leary Ventures website, O’Leary Ventures may, under the rules of the promotion, use the Person’s name and certain other information to administer the promotion, such as contacting, announcing and promoting the winners of the promotion.

 

Obtaining Consent

O’Leary Ventures will make a reasonable effort to make sure Persons understand how their Personal Information will be used by O’Leary Ventures. O’Leary Ventures will obtain consent from Persons before or when it collects or uses the Personal Information. O’Leary Ventures will not attempt to deceive Persons into giving consent.

 

A Person’s consent can be express, implied, or given through an authorized representative. A Person can withdraw consent at any time, with certain exceptions noted herein. O’Leary Ventures, however, may collect, use or disclose Personal Information without the Person’s knowledge or consent in exceptional circumstances where such collection, use or disclosure is permitted or as required by law.

 

Note: If any Person at any time has any questions or concerns about O’Leary Ventures’s privacy practices, the Person can write to privacy@olearyventures.com.

 

Refusing or Withdrawing Consent

Subject to legal and contractual requirements, a Person can refuse to consent to O’Leary Ventures’s collection, use or disclosure of Personal Information about the Person, or a Person may withdraw the Person’s consent to O’Leary Ventures’s further collection, use or disclosure of Personal Information at any time in the future by giving O’Leary Ventures reasonable notice, unless: i) the consent relates to certain information required for credit approval which a Person applies for or accepts, ii) the consent is otherwise required by law or iii) the use or disclosure is permitted by law or is related to the legal or regulatory requirements described herein. If a Person refuses or withdraws the Person’s consent, O’Leary Ventures may not be able to provide the Person or continue to provide the Person with some products, services or information which may be of value to the Person.

 

Internet Aspects

Personal Information may be collected by O’Leary Ventures or third-party service providers on O’Leary Ventures’s behalf. Although information collected, used or disclosed on the Internet as described below often does not constitute Personal Information (and to the extent that such is the case, then the obligations under the O’Leary Ventures Privacy Policy do not extend to such information), O’Leary Ventures provides the details below about Internet aspects of O’Leary Ventures Companies Services for the purposes of disclosure about O’Leary Ventures Companies Services.

 

Internet Protocol Address (IP Address)

When the user’s web browser requests a web page from another computer on the Internet, it automatically gives that computer the address where it should send the information. This address is called the computer’s “IP address.” For most users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time the user logs on.
O’Leary Ventures Companies may use the user’s IP Address to:
 

  • Facilitate the diagnosis and remedy of a technical problem reported by the user’s or O’Leary Ventures Company’s technical team.
  • Display (or allow the display by Third Party advertising providers of) more appropriate and relevant content and advertising, such as content and advertising based on the user’s geographic area, demographic profile and site session behaviour.
  • Estimate user traffic from specific countries or organizations. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities.

 

Aggregate information derived from IP addresses may also be reported to advertisers.

 

Cookies

A cookie is a small text file, which often includes an anonymous unique identifier, that is sent to the user’s web browser from a website’s computers and is stored on the user’s computer’s hard drive. Cookies cannot be used to run programs or deliver viruses to a user’s computer.

 

O’Leary Ventures Companies may use cookies to:

 

  • Improve the operation and performance of O’Leary Ventures Companies Services and to make O’Leary Ventures Companies Services easier and more convenient to use. For example, cookies help O’Leary Ventures Companies provide more personalized services by recalling user preferences on subsequent visits (e.g. language preference). Cookies also allow O’Leary Ventures Companies to save passwords and preferences for a user so that the user will not have to re-enter them on the next visit to an O’Leary Ventures Companies Site;
  • Measure aggregate user traffic and demographic statistics related to O’Leary Ventures Companies Services and advertisements (e.g. number of users, average time spent, average age and similar statistics).  This information helps O’Leary Ventures Companies to better understand when to update, change or offer new services and provides O’Leary Ventures Companies with details as to the performance of Third Party advertisements and content. This information may be reported, in aggregate form only, to O’Leary Ventures Companies’ current and prospective sponsors, advertisers and business partners. No Personal Information will be disclosed in such reports;
  • Display advertisements. O’Leary Ventures Companies and Third Party advertising providers may use cookies when serving advertisements on O’Leary Ventures Companies Sites. In some cases, advertisements from Third Party advertisers are delivered to users (in conjunction with O’Leary Ventures Companies Services) by such Third Party advertisers, or by separately contracted advertising providers on their behalf, and not by O’Leary Ventures Companies; as such, the Third-party advertisers’ use of cookies is subject to their own privacy policies, not the O’Leary Ventures Privacy Policy, and users should consult the privacy policies of such Third Party advertisers.

 
Most browsers are initially set up to accept cookies. If a user prefers, the user can reset his/her browser either to notify the user when the user has received a cookie, or to refuse to accept cookies. The user should understand that while O’Leary Ventures Companies do not require a user to use cookies, certain O’Leary Ventures Companies Services will not function properly if a user sets his/her browser to not accept cookies.
 

Web Beacons

Certain O’Leary Ventures Companies Services may contain electronic images known as Web beacons – sometimes called single-pixel gifs – that allow O’Leary Ventures Companies to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access Personal Information; they are a technique used to compile aggregated statistics about O’Leary Ventures Companies service usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. Certain O’Leary Ventures Companies Services web pages may also contain Web beacons placed there by O’Leary Ventures Companies’ advertising partners to help O’Leary Ventures Companies determine the effectiveness of O’Leary Ventures Companies’ Internet advertising campaigns.

 

Links To Other Sites And Advertisements

An O’Leary Ventures Companies Service may contain links to other websites and services. While O’Leary Ventures Companies try to link only to sites and services that share O’Leary Ventures Companies’ high standards and respect for privacy, a user should understand that O’Leary Ventures Companies are not responsible for the content of, or the privacy practices employed by, other companies or websites. This O’Leary Ventures Privacy Policy applies only to O’Leary Ventures Companies Services related to this O’Leary Ventures Privacy Policy.

 

Advertisements which are displayed in connection with O’Leary Ventures Companies Services may be served through one or more reputable Third Party advertisement-serving companies which deliver the advertisements to users in conjunction with O’Leary Ventures Companies Services. For more information about what information is collected and how information is used by a Third Party advertising providers, please consult with the Third Party advertising provider.

 

Additional Information

O’Leary Ventures Companies may automatically collect certain information about the user’s computer hardware and software. This information may include: browser type, operating system type, domain names, access times and referring website addresses. This information is used by O’Leary Ventures Companies to operate the service, to maintain the quality of the service, and to provide general statistics regarding use of O’Leary Ventures Companies Sites.

 

Certain O’Leary Ventures Companies Services may be co-branded and/or offered in cooperation with or in conjunction with another company. If a user registers for or uses such services, both O’Leary Ventures Companies and the other company may receive information collected in conjunction with such services.

 

Definitions

O’Leary Ventures Companies – all companies providing communications services under O’Leary Ventures Corporation including its subsidiaries, and any successor company or companies thereof, as a result of corporate reorganization or restructuring.
Collection – the act of gathering, acquiring, recording or obtaining Personal Information from any source, including third parties, by any means.

 

Consent – voluntary agreement with the collection, use and disclosure of Personal Information for defined purposes. Consent can be either express or implied and can be provided directly by the Person or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require any inference on the part of O’Leary Ventures. Implied consent is consent that can reasonably be inferred from a Person’s action or inaction.

 

Disclosure – making Personal Information available to a Third Party.

 

Employee – an employee or independent contractor (including freelancers)* of O’Leary Ventures.

 

* The inclusion of independent contractors, including freelancers, within the definition of “Employee” is for convenience of reference only, and does in no manner imply that such individuals are employees of the company within the meaning of employment legislation or are in an employee-employer relationship with the company.

 
Individual – an individual other than an Employee who (a) corresponds with O’Leary Ventures, including complaints and including applications for employment; (b) enters an contest sponsored by O’Leary Ventures; or (c) uses, or applies to use, the products or services of O’Leary Ventures.

 

Person – an Employee or an Individual.

 

Personal Information – information about an identifiable Person, but not: a) information that is publicly available, such as a Person’s name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about O’Leary Ventures customers, or number of visitors and average time spent on a website.

 

Third Party – a person other than the Person or his agent, or an organization other than an O’Leary Ventures Company.

 

Use – the treatment, handling, and management of Personal Information by O’Leary Ventures Companies.