Terms of Use

Last Updated May 13, 2009

  1. Description of Service
    1. provides access to Content (as defined herein) and various communication and technology tools (collectively, hereafter ""). "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 by you, MediaSpark, advertisers, sponsors, affiliates, or other users of, whether private or public.
    2. is provided by "MediaSpark Information Technology Solutions Incorporated" and its affiliates, sponsors, and advertisers (collectively, hereafter "MediaSpark").
  2. Acceptance of Terms
    1. 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,, and MediaSpark.
    2. The TOU applies to all users of, including users who are also contributors of Content, information, or other materials or services on
    3. The TOU may be updated from time to time without notice to you.
    4. To use, you must first agree to the TOU. You may not use if you do not accept the TOU.
    5. The most current version of the TOU can be reviewed on the website.
    6. You agree and accept the TOU by using and/or clicking to accept or agree to the TOU, where this option is made available to you in
    7. You may not use 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 Furthermore, children under aged 13 may only use 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
    1. You understand and agree that 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 and Content is at your sole risk.
    3. You understand and agree that may change from time to time without prior notice to you.
    4. You understand and agree that may include communications related to, such as administrative messages, service announcements, and the Newsletter, and that these communications are considered part of and you may not be able to opt out of receiving them.
    5. You understand and agree that may contain text, files, and links to third party Content and Content sources that are not owned or controlled by MediaSpark or You should not act on any idea, advice, suggestion, or other information received by or through 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, you indemnify and hold harmless MediaSpark from any and all liability arising from your use of, MediaSpark, and third party Content or Content sources.
    6. may include advertisements and display of said advertisements are necessary for provision and use of
    7. You understand and agree that access to may be interrupted and MediaSpark may temporarily or permanently stop providing, or any features within, at MediaSpark’s sole discretion, without prior notice to you.
    8. You understand and agree that if MediaSpark stops providing, limits access to, or disables your account, you may be prevented from accessing information, Content, resources, or communications related to your account and
    9. You are responsible for obtaining access to, 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, you may be required to provide information about yourself. You agree that any information you provide on or to MediaSpark will be accurate, complete, and up to date.
    11. In order to access certain features and Content on you have to create an account. You may not use, access, or alter another person’s 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 MediaSpark makes no claims that 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 account password secret and secure; otherwise you may be liable for losses incurred by 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 in any way that is not explicitly allowed and provided for in the design and normal functionality of
    16. You agree not to use in any way that interferes with other people’s use and enjoyment of 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 or any other features intended to control, restrict, limit, monitor, or manage the use of
    18. You agree not to access Content on through any means or technology that is not explicitly allowed and provided for in the design of and normal functionality of 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
    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 Policy.
    22. You agree not to use for any commercial use not explicitly allowed and encouraged by or provided for with the prior written permission of MediaSpark. Excluded commercial activity includes, but is not limited to: Sale or access to on another website; Use of for the purpose of gaining advertising revenue; Any use of that MediaSpark, in its sole discretion, determines is contrary to the current or future success of 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 in a manner that communicates, including but not limited to send requests and http requests, with 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, and MediaSpark grant public search engine operators limited permission to use spiders to index, including the copying of Content, for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indexes of Content but not for use in archives or caches. MediaSpark and reserve the right to revoke these exceptions in their entirety, partially, or on a case-by-case basis.
    24. You agree that your account is non-transferable.
    25. You agree to use Content and only as expressly permitted under this TOU.
    26. MediaSpark reserves all rights in not expressly granted in this TOU.
  4. 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 do not claim ownership of Content you submit, post, or display on or through, excluding Ideas and Feedback as defined herein. Content submitted, posted, or displayed on or through, excluding Ideas and Feedback as defined herein, remains the property of its original and respective owners. However, by submitting, posting, or displaying Content on, 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 and under this TOU. The said license granted by you terminates 90 days after you remove or delete your Content from You understand and agree that some Content on, 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, 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
    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 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 or its users’ related software or hardware equipment or overall enjoyment of
    10. MediaSpark does not allow Content or activity on 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 do not guarantee any confidentiality with respect to any Content or information submitted by you to
    12. You understand and agree that MediaSpark reserves the right to modify, move, or remove any Content on, without prior notice.
    13. You agree that Content submitted by you to 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 submitted by you to MediaSpark through 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 in a way that infringes on your copyright or violates your intellectual property rights, please contact MediaSpark via 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, including changes to the TOU, via email, regular mail, postings on, 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, Content you submit, post, transmit, or otherwise make available through, your connection to, 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 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 "" 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 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 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 and the Content, even if MediaSpark has been specifically advised of the possibility of such damages. MediaSpark make no representation that 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, the Content, or access performance of information obtained from the Internet while using or Content. The entire risk of use and consequences of use of 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 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
    11. Additional Warranties
      No written or oral information, guidance, or advice provided by MediaSpark or through 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.