GoVentureOasis.com Terms of Use

Last Updated May 13, 2009

  1. Description of Service
    1. GoVentureOasis.com provides access to Content (as defined herein) and various communication and technology tools (collectively, hereafter "GoVentureOasis.com"). "Content" includes, but is not limited to, text, graphics, animation, photographs, video, audio, sound, music, documents, files, scripts, software, programming code, interactive features, information, communication, opinion, recommendation, or advice posted, uploaded, submitted, transmitted, or otherwise made available on or via GoVentureOasis.com by you, MediaSpark, GoVentureOasis.com advertisers, sponsors, affiliates, or other users of GoVentureOasis.com, whether private or public.
    2. GoVentureOasis.com is provided by "MediaSpark Information Technology Solutions Incorporated" and its affiliates, sponsors, and advertisers (collectively, hereafter "MediaSpark").
  2. Acceptance of Terms
    1. GoVentureOasis.com is provided to you subject to the terms and conditions outlined herein (hereafter "Terms of Use" or "TOU"). This constitutes a legally binding agreement between you, GoVentureOasis.com, and MediaSpark.
    2. The TOU applies to all users of GoVentureOasis.com, including users who are also contributors of Content, information, or other materials or services on GoVentureOasis.com.
    3. The TOU may be updated from time to time without notice to you.
    4. To use GoVentureOasis.com, you must first agree to the TOU. You may not use GoVentureOasis.com if you do not accept the TOU.
    5. The most current version of the TOU can be reviewed on the GoVentureOasis.com website.
    6. You agree and accept the TOU by using GoVentureOasis.com and/or clicking to accept or agree to the TOU, where this option is made available to you in GoVentureOasis.com.
    7. You may not use GoVentureOasis.com and may not accept the TOU if you are not of legal age to form a binding contract with MediaSpark. You must also comply with all local, national, and international laws and regulations that apply to you based on your location of residence and/or from the location from which you use GoVentureOasis.com. Furthermore, children under aged 13 may only use GoVentureOasis.com under the supervision of a parent or guardian.
    8. If the TOU is provided in a language other than English, you agree that the translation is only provided as a convenience and that the English language version of the TOU will bind your relationship with MediaSpark, and will take precedence should there be any contradictions with non-English language versions.
    9. You understand and agree that MediaSpark reserves the right to determine, in its sole discretion, whether you have violated the TOU.
  3. Use of GoVentureOasis.com
    1. You understand and agree that GoVentureOasis.com is provided "as is" and that MediaSpark assumes no responsibility for the timeliness, deletion, misdelivery, or failure to transmit, receive, or store any user Content, communication, or settings.
    2. You understand and agree that use of GoVentureOasis.com and Content is at your sole risk.
    3. You understand and agree that GoVentureOasis.com may change from time to time without prior notice to you.
    4. You understand and agree that GoVentureOasis.com may include communications related to GoVentureOasis.com, such as administrative messages, service announcements, and the GoVentureOasis.com Newsletter, and that these communications are considered part of GoVentureOasis.com and you may not be able to opt out of receiving them.
    5. You understand and agree that GoVentureOasis.com may contain text, files, and links to third party Content and Content sources that are not owned or controlled by MediaSpark or GoVentureOasis.com. You should not act on any idea, advice, suggestion, or other information received by or through GoVentureOasis.com or MediaSpark without first seeking independent professional advice. MediaSpark assumes no responsibility for the Content, policies, or practices of any third party Content or Content sources. By using GoVentureOasis.com, you indemnify and hold harmless MediaSpark from any and all liability arising from your use of GoVentureOasis.com, MediaSpark, and third party Content or Content sources.
    6. GoVentureOasis.com may include advertisements and display of said advertisements are necessary for provision and use of GoVentureOasis.com.
    7. You understand and agree that access to GoVentureOasis.com may be interrupted and MediaSpark may temporarily or permanently stop providing GoVentureOasis.com, or any features within GoVentureOasis.com, at MediaSpark’s sole discretion, without prior notice to you.
    8. You understand and agree that if MediaSpark stops providing GoVentureOasis.com, limits access to GoVentureOasis.com, or disables your account, you may be prevented from accessing information, Content, resources, or communications related to your account and GoVentureOasis.com.
    9. You are responsible for obtaining access to GoVentureOasis.com, and that access may involve the need for equipment, as well as third-party fees, such as, but not limited to, Internet service provider or airtime charges. You are responsible for those fees.
    10. In order to use or access GoVentureOasis.com, you may be required to provide information about yourself. You agree that any information you provide on GoVentureOasis.com or to MediaSpark will be accurate, complete, and up to date.
    11. In order to access certain features and Content on GoVentureOasis.com you have to create an GoVentureOasis.com account. You may not use, access, or alter another person’s GoVentureOasis.com account or related Content without permission.
    12. You understand that you may be exposed to Content that may be inaccurate, incorrect, false, misleading, unsafe, harmful, hostile, intimidating, violent, pornographic, offensive, defamatory, libellous, indecent, unlawful, objectionable, prohibited, or generally considered inappropriate for a general audience, and you agree that MediaSpark will not, under any circumstances, be held liable in any way for said Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content or your use of GoVentureOasis.com. MediaSpark makes no claims that GoVentureOasis.com or the Content is timely, accurate, error-free, or secure.
    13. You are solely responsible for the activity that occurs on your account. You must keep your GoVentureOasis.com account password secret and secure; otherwise you may be liable for losses incurred by GoVentureOasis.com and/or MediaSpark that result from such unauthorized use of your account.
    14. You must immediately notify MediaSpark of any unauthorized use of your account or suspicious activity related to your account.
    15. You agree not to, and not to attempt to, modify or alter GoVentureOasis.com in any way that is not explicitly allowed and provided for in the design and normal functionality of GoVentureOasis.com.
    16. You agree not to use GoVentureOasis.com in any way that interferes with other people’s use and enjoyment of GoVentureOasis.com. This includes, but is not limited to any action that might be considered Spam.
    17. You agree not to disable, circumvent, or otherwise interfere with security-related features of GoVentureOasis.com or any other features intended to control, restrict, limit, monitor, or manage the use of GoVentureOasis.com.
    18. You agree not to access Content on GoVentureOasis.com through any means or technology that is not explicitly allowed and provided for in the design of and normal functionality of GoVentureOasis.com or authorized means that MediaSpark may designate.
    19. You agree not to harvest personally identifiable information, including but not limited to usernames, nicknames, personal names, physical addresses, and email addresses, from GoVentureOasis.com.
    20. You agree not to impersonate any person or entity or misrepresent your association or affiliation with a person or entity.
    21. You agree to the terms and conditions of the GoVentureOasis.com Policy.
    22. You agree not to use GoVentureOasis.com for any commercial use not explicitly allowed and encouraged by GoVentureOasis.com or provided for with the prior written permission of MediaSpark. Excluded commercial activity includes, but is not limited to: Sale or access to GoVentureOasis.com on another website; Use of GoVentureOasis.com for the purpose of gaining advertising revenue; Any use of GoVentureOasis.com that MediaSpark, in its sole discretion, determines is contrary to the current or future success of GoVentureOasis.com and its community, or MediaSpark.
    23. You agree not to launch, use, or facilitate the use of any automated system, including but not limited to spiders, robots, archival services, or offline readers, that access GoVentureOasis.com in a manner that communicates, including but not limited to send requests and http requests, with GoVentureOasis.com in a given period of time more frequently than a human can reasonably do within the same period of time using a conventional Internet browser working under normal use. Notwithstanding the aforementioned limitations, GoVentureOasis.com and MediaSpark grant public search engine operators limited permission to use spiders to index GoVentureOasis.com, including the copying of GoVentureOasis.com Content, for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indexes of GoVentureOasis.com Content but not for use in archives or caches. MediaSpark and GoVentureOasis.com reserve the right to revoke these exceptions in their entirety, partially, or on a case-by-case basis.
    24. You agree that your GoVentureOasis.com account is non-transferable.
    25. You agree to use Content and GoVentureOasis.com only as expressly permitted under this TOU.
    26. MediaSpark reserves all rights in GoVentureOasis.com not expressly granted in this TOU.
  4. GoVentureOasis.com Account Termination
  5. MediaSpark reserves the right, in its sole discretion, to restrict, limit, or terminate your account, with or without notice, at any time.

  6. User-Submitted Content
    1. MediaSpark and GoVentureOasis.com do not claim ownership of Content you submit, post, or display on or through GoVentureOasis.com, excluding Ideas and Feedback as defined herein. Content submitted, posted, or displayed on or through GoVentureOasis.com, excluding Ideas and Feedback as defined herein, remains the property of its original and respective owners. However, by submitting, posting, or displaying Content on GoVentureOasis.com, you hereby grant MediaSpark a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, and display the Content for the purpose and chosen privacy setting for which such Content was submitted or made available, and as permitted through the functionality of GoVentureOasis.com and under this TOU. The said license granted by you terminates 90 days after you remove or delete your Content from GoVentureOasis.com. You understand and agree that some Content on GoVentureOasis.com, such as but not limited to Comments, Reviews, and Ratings, is not deletable, and therefore the licenses granted by you in this regard are perpetual and irrevocable.
    2. Excluding user-submitted Content, other Content and trademarks, service marks, and logos are owned or licensed by MediaSpark, subject to copyright and other intellectual property rights under the law and may not be used or exploited for any other purpose without the express written consent of the respective owners.
    3. You understand that, when using GoVentureOasis.com, you will be exposed to Content from a variety of sources, and that all Content is the sole responsibility of the person or organization from whom or where it originated. You agree to be responsible for all Content that you make available via GoVentureOasis.com.
    4. MediaSpark does not guarantee the integrity, accuracy, or quality of Content. MediaSpark does not endorse any Content and explicitly disclaims any and all liability in connection with Content.
    5. You agree no to submit Content that may be considered unsafe, harmful, hostile, intimidating, violent, pornographic, offensive, defamatory, libellous, indecent, unlawful, objectionable, prohibited, or generally considered inappropriate for a general audience.
    6. You agree not to post information that you know to be incorrect, false, or misleading.
    7. You agree to be solely responsible for your own Content submissions and the consequences of submitting, posting, or publishing said Content.
    8. You agree not to submit, post, display, or transmit Content to or on GoVentureOasis.com in such a way as to violate the copyright, privacy, publicity, trade secrets, or intellectual property rights of the Content owner(s).
    9. User-Submitted Content must not be or contain viruses, trojan horses, spam, chain letters, pyramid schemes, or any Content or functionality that might interfere, interrupt, tamper with, or alter GoVentureOasis.com or its users’ related software or hardware equipment or overall enjoyment of GoVentureOasis.com.
    10. MediaSpark does not allow Content or activity on GoVentureOasis.com that infringes on copyrights, trade secrets, or intellectual property rights. You agree not to submit such Content or participate in said activities.
    11. You understand and agree that MediaSpark and GoVentureOasis.com do not guarantee any confidentiality with respect to any Content or information submitted by you to GoVentureOasis.com.
    12. You understand and agree that MediaSpark reserves the right to modify, move, or remove any Content on GoVentureOasis.com, without prior notice.
    13. You agree that Content submitted by you to GoVentureOasis.com may be retained and copied by MediaSpark for backup purposes even if it has been removed or deleted from public view.
  7. Ideas and Feedback
  8. "Ideas and Feedback" are suggestions, ideas, feedback, and/or proposals for changing, fixing, improving, or extending or adding to the features of GoVentureOasis.com submitted by you to MediaSpark through GoVentureOasis.com or other method. Notwithstanding the terms and conditions of section 5.a above, you acknowledge and agree that:

    1. Your Ideas and Feedback do not contain confidential or proprietary information.
    2. MediaSpark is not under any obligation or confidentiality, express or implied, with respect to the Ideas and Feeback.
    3. MediaSpark is entitled to choose to, or choose not to, use or disclose said Ideas and Feedback for any purpose without restriction.
    4. MediaSpark may have something similar to the Ideas and Feedback already under consideration or in development.
    5. Your Ideas and Feedback automatically become the property of MediaSpark without any obligation of MediaSpark to you.
    6. You are not entitled to any compensation or reimbursement of any kind from MediaSpark under any circumstances.
  9. Copyright or Intellectual Property Infringement
  10. MediaSpark respects the rights of Content owners. If you believe your work is used on GoVentureOasis.com in a way that infringes on your copyright or violates your intellectual property rights, please contact MediaSpark via GoVentureOasis.com and provide sufficient information to identify and confirm the Content in question, the related violation, and your ownership rights.

  11. General
    1. Modification
      You agree that MediaSpark, in its sole discretion, may choose to modify this TOU from time to time.
    2. Notice
      MediaSpark may provide you with notices regarding GoVentureOasis.com, including changes to the TOU, via email, regular mail, postings on GoVentureOasis.com, or other reasonable means. The means by which notices are provided are at MediaSpark’s sole discretion.
    3. Headings
      The headings of the paragraphs are inserted for convenience of reference only and shall not affect the interpretation or construction of this TOU.
    4. Indemnity
      You agree to indemnify, defend, and hold harmless MediaSpark, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents from any claim or demand, liabilities, losses, damages or expenses, including reasonable attorneys’ fees and costs made by any third party due to or arising out of your use of GoVentureOasis.com, Content you submit, post, transmit, or otherwise make available through GoVentureOasis.com, your connection to GoVentureOasis.com, your violation of the TOU, or your violation of any rights of another.
    5. Waiver
      The failure of MediaSpark to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
    6. Severability
      If any provision in this TOU is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this TOU shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this TOU. The remaining provisions of this TOU shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this TOU.
    7. Entirety
      This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior discussions, negotiations or agreements.
    8. Statute of Limitations
      You agree that, regardless of any statute or law to the contrary, any claims or cause of action arising out of, or related to GoVentureOasis.com or the TOU, must be filed within 6 months after such claim or cause of action arose or be forever banned.
    9. Trademarks
      "GoVenture", "MediaSpark", and "GoVentureOasis.com" are registered trademarks and trademarks of MediaSpark Information Technology Solutions Incorporated in Canada, the United States, and/or other countries. All other trademarks and registered trademarks are property of their respective owners.
    10. Limitations of Liability
      By using GoVentureOasis.com and Content, you accept it "As Is", "with all faults." MediaSpark, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents make no warranties or conditions, express, implied or statutory, with respect to GoVentureOasis.com and the Content including those for merchantability and fitness for a particular purpose. MediaSpark will not be liable, in any event, for any incidental or consequential damages whatsoever (including, without limitation, damages for loss of personal or business profits, loss of business or personal information, non-infringement, interruption, other pecuniary loss, or their equivalent under the laws of any jurisdiction) arising out of use or inability to use GoVentureOasis.com and the Content, even if MediaSpark has been specifically advised of the possibility of such damages. MediaSpark make no representation that GoVentureOasis.com and the Content is free of defects. MediaSpark also make no warranties or conditions, express, implied or statutory, including those for merchantability and fitness for a particular purpose, with respect to the operation or performance of GoVentureOasis.com, the Content, or access performance of information obtained from the Internet while using GoVentureOasis.com or Content. The entire risk of use and consequences of use of GoVentureOasis.com and the Content falls completely on you, and MediaSpark shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on GoVentureOasis.com and the Content. In no event will the liability for any damages ever exceed the cost of the fees directly charged by MediaSpark and paid by you for your right to use GoVentureOasis.com.
    11. Additional Warranties
      No written or oral information, guidance, or advice provided by MediaSpark or through GoVentureOasis.com shall create any warranty not expressly stated in the TOU.
    12. Applicable Law
      This Agreement shall be governed by the laws of the Province of Nova Scotia, Canada.