These Terms of Service (“Terms“) govern your access to and use of the services, websites, and applications (collectively, the “Site“) offered by Two by Fore Technologies Inc. (“we” or “us” or “Two by Fore”). By accessing or using any of the Site, you agree to these Terms.
- General Matters
- When used in these Terms:
“Your Content” or “your Content” means anything you provide to us through the Site, in any format whatsoever, including information, text, graphics, or other material.
In contrast, “content” with a lower-case initial “c”, refers to any and all text, graphics, images and other material on the Site, including without limitation your Content.
You agree to use the Site only in a manner which complies with these Terms and with all local, provincial/state, national/federal, and international laws and regulations.
The Site is provided as a means for individuals interested in the subject matter of the Site to ask questions and provide answers and advice in relation to such questions. While we may review Site content, we are not obligated to, and will not, monitor all or any specific content.
We may, however, without notice, change the Site, stop providing the Site or features of the Site, or create usage limits for the Site. Further, we may at any time remove from the Site, or refuse to post on the Site, any content whatsoever.
- User Accounts
- In order to contribute to the Site, our system requires you to create an account with us. You agree that you will provide only accurate and true information in setting up your account, and will keep it updated if anything in it becomes inaccurate or untrue. Further, you agree to set up such an account, and/or access/use the Site, only if you are at least 19 years old or the age of majority in your home jurisdiction, whichever is greater, or if you are not 19/of the age of majority, your parent or legal guardian must consent to these Terms and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of, any user of the Site under the age of 19/majority, and expressly ratify and confirm any acts of any such child and all users of the account.
Upon setting up your account you will have a password for the Site, and you must maintain the integrity and confidentiality of that password. You are responsible for any and all actions in relation to the Site that occur under your account, and failure to protect your password creates a risk that others may cause liability on your behalf. We recommend that you create a “strong” password to reduce the chance of someone else guessing it.
We may suspend or terminate your account at any time, and may re-use any user name.
- Professional Contributions – Third Party Beneficiaries
- A significant part of the value of the Site is the content provided by professional contributors with specialized knowledge, many of whom will be registered with the Site in professional tiers (“Professional Contributors“). However, the format of the Site, and other considerations relating to the manner in which questions are posed and answered on the Site, may not allow a Professional Contributor to collect all information necessary to answer a question completely and accurately: only in-person consultation with an appropriate professional can be relied upon to fully examine the circumstances relevant to any particular situation and question. Therefore, any and all answers provided by Professional Contributors will be for informational purposes only, and you acknowledge and agree that in order to receive answers and advice upon which you intend to rely and base your decisions, you should consult directly with an appropriate professional. All Professional Contributors who provide answers on the Site are intended to be third-party beneficiaries of this section of these Terms, including without limitation the following:
A) to the fullest extent permitted by law, we and all Professional Contributors disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of non-infringement of third parties’ rights, in relation to any content on the Site; and
B) in no event shall we or any Professional Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the content, or from the use or inability to use any information or advice provided through the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or any Professional Contributors are advised of the possibility of such damages.
These Terms will not limit the effect of any additional disclaimer language used by any Professional Contributor on the Site, nor will any such additional disclaimer language limit the effect of these Terms.
Further, you acknowledge and agree that:
1. Anything you post on the publicly-visible portions of the Site cannot be considered confidential in any way, and any viewer or recipient of such information is free to use it as they please.
2. Unless the other Site user expressly states otherwise, no legal relationship between you and any other Site user, including Professional Contributors, is formed as a result of communications between you and another user of the Site, whether such communication is by private message, public posting or otherwise. Unless such a professional relationship has been expressly formed, no information or content you provide to such other user of the Site will be confidential.
We neither monitor nor control the content posted on the Site; the answers and messages provided by any Professional Contributor are their sole creation and responsibility, subject to these Terms. We do not endorse or guarantee the accuracy, reliability, completeness or truthfulness of any answers or messages posted by Professional Contributors, nor do we endorse any opinions they express.
- Your License to Us
- We do not own your Content as a result of you providing it to us through the Site: you remain owner of any and all of your rights in your Content you submit, post, display, or otherwise make available on the Service.
However, by submitting, posting or displaying your Content on or through the Site, you grant us a non-exclusive, royalty-free, perpetual, worldwide license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content in any and all current or future media or distribution methods. This means that we have the right not only to use your Content on the Site, but also to make your Content available to others for publication, distribution, syndication, or broadcast on other media and services, subject to our Terms.
This license also permits other users of the Site to use, re-post and/or modify your Content, as well as respond to it.
Without detracting from your ownership of your Content, you hereby waive any and all moral (or comparable) rights you may have in your Content as a result of the laws of your home jurisdiction.
By uploading your Content to the site, you represent, warrant and agree that you have the right to grant to us the license described above. You also represent, warrant and agree that you have not and will not contribute any material that:
(a) infringes, violates or otherwise interferes with any rights of any other party, including but not limited to publicity rights, intellectual property rights (such as copyright or trademark), and rights in any trade secrets;
(b) is libelous, defamatory, abusive, harassing, hateful, threatening, offensive,
(c) is deliberately misleading or deceptive, whether by impersonating others or otherwise misrepresenting your affiliation with any other person or entity, or by providing misleading questions, responses, or other information;
(d) contains other people’s personally identifiable or otherwise private information without their express authorization and permission, and/or
(e) contains or links to any form of malicious software code, such as a virus, trojan horse, worm, time bomb or other computer programming routine that is intended to damage, interfere with, or intercept or expropriate any data or information (surreptitiously or otherwise).
- Our License to You
- Subject to these Terms, we grant to you a non-assignable, non-exclusive, royalty-free, perpetual, worldwide license to re-post any of the content on the Site anywhere on the rest of the internet provided that the content is not explicitly marked as not for reproduction, and provided that you: (a) do not modify the content so re-posted; (b) attribute any such content to Two by Fore by name, both in human-readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page(s) displaying the original source(s) of the content on twobyfore.com; (c) upon request, either by us or another user of the Site, remove that user’s name from content which you have re-posted elsewhere and that user has subsequently made anonymous; (d) upon request, either by us or by another user of the Site who contributed to the relevant content, make a reasonable effort to update a particular piece of content which you have re-posted elsewhere to the latest version on twobyfore.com; and (e) upon request, either by us or by another user of the Site who contributed to the content, make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on twobyfore.com.
You may only use the attribution required by this section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Two by Fore, or any Two by Fore user of you or your use of the work, without the separate, express prior written permission of Two by Fore or the Two by Fore user.
If you operate a search engine or robot, or you republish a significant fraction of all content (as we may determine in our reasonable discretion), you must additionally follow these rules:
- You must use a descriptive user agent header.
- You must follow robots.txt at all times.
- You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
- Without limiting any other restrictions in these Terms, you must not do any of the following while accessing or using the Site:
(i) use the Site for any unlawful purposes or for promotion of illegal activities, including without limitation sending of unsolicited communications;
(ii) access or tamper with non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
(iii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(vi) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to the Terms), unless you have been specifically allowed to do so in a separate agreement with us (provided that “crawling” the Site is permissible in accordance with these Terms, but “scraping” the Site without our prior consent except as permitted by these Terms is expressly prohibited);
(vii) in any way use the Site to post or send altered, deceptive or false source-identifying information; or
(viii) interfere with or disrupt (or attempt to do so) by any means whatsoever the access of any user, host or network.
We may make available one or more APIs for interacting with the Site. Your use of any such API is subject to these terms and the relevant API Rules applicable to such API(s).
- Proprietary Rights
- As between you and us, all right, title, and interest in and to the Site and all content (excluding Your content) is and will remain the exclusive property of us and our licensors. The Site is protected by copyright, trademark, and other laws of Canada, the United States and other countries. Except as expressly provided herein, nothing in the Terms gives you a right to use our name or any of our trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- Copyright Policy
- We respect the intellectual property rights of others and expect all users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our address for delivery of any such notice of alleged copyright infringement or other legal notices regarding Content appearing on the Site is:
Two by Fore Technologies, Inc.
9-2949 Main Street
PO Box 19628
Vancouver, BC V5T 4E7
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. A link to your published notice will be displayed on the Site in place of the removed content.
We reserve the right to remove content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
- The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Our Rights to Protect Ourselves, the Site and its Users
- We reserve the right to access, read, preserve, and disclose any content and/or other information in our possession as we reasonably believe is necessary to:
(i) comply with any law, regulation, legal process or government request,
(ii) detect, prevent, or otherwise address fraud, security or technical issues,
(iii) protect our rights, property and safety, as well as that of our users and the public,
(iv) enforce the Terms, including investigation of potential violations hereof, or
(v) respond to user support requests.
You are responsible for your use of the Site, and further you are liable for any content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability.
- Limitations, Disclaimers and Indemnity
- All content, whether publicly posted or privately transmitted, is entirely the responsibility of the person who provided such content to the Site. We do not endorse any of the content, or guarantee the accuracy, reliability, truthfulness or completeness of any of the content.
Your access to and use of the Site and any content is at your own risk. You understand and agree that the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE AND OUR PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY LAW, AND IN PARTICULAR BUT WITHOUT LIMITATION WE ADVISE THAT MANY OF THE ANSWERS PROVIDED ON THE SITE MAY IN FACT BE TIME-DEPENDENT AND BECOME OBSOLETE AS LAWS, BY-LAWS, RULES, PRACTICES AND OTHER POLICIES CHANGE: you must determine for yourself whether any answer is sufficiently current for your purposes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWO BY FOR TECHNOLOGIES INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or any content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Site. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or content on the Site, or actions or content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- Open Source Licenses
- The Site and Applications may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https://meta.discourse.org/tos and/or in our application’s documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
- General Terms
- These Terms and any action related thereto will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to principles of conflicts of laws. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in the courts located in Vancouver, British Columbia, Canada and the courts of appeal therefrom and you hereby irrevocably attorn to the jurisdiction of such courts and waive any objection as to forum.
These Terms are the entire and exclusive agreement between you and Two By Fore Technologies Inc. regarding the Site (excluding any services for which you have a separate agreement with us that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between us and you regarding the Site.
Any failure by us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Site may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.
The Site is operated and provided by
Two by Fore Technologies Inc.
Suite 300 – 225 West 8th Avenue
Vancouver, BC V5Y 1N3
If you have questions about these Terms, please contact us at firstname.lastname@example.org.