Agreement
1. General. This Terms and Conditions Agreement (this
"Agreement") contains the complete terms and conditions
that apply to an individual's or entity's use of the Lanka.ca web
service (the "Service"). As used in this Agreement,
"We" means Lanka.ca., "You" means the
applicant, "Site" means a World Wide Website,
"Links" means the links, headlines, and source names
delivered by lanka.ca. as a part of the Service, and
"Publishers" refers to the creators of the articles to
which we point.
2. Use of Links.
2.1. You acknowledge that the Service contains links,
descriptions and other material (collectively, the
"Links") that are protected by copyright, trademark or
other proprietary rights of Lanka.ca and third-party content
providers.
2.2. You may not modify any of the Links, in whole or part.
Specifically, You must display the Links as hyperlinks to the
corresponding full-text article on the site from which the
article is published via a Lanka.ca URL. You shall not be
entitled to frame an article from a Content Provider's Site or
any part thereof within the Your Site and You shall ensure at all
times that each of the Links on Your site, when clicked, will not
open in a frame. You agree that You will at all times
conspicuously designate the Content Provider as the source of the
news content.
2.3. You may not copy, publish, transmit, reproduce,
distribute, redistribute, display, or in any way exploit any of
the Links, in whole or in part, except as expressly permitted in
this Agreement.
2.4. You may not sell, license, sublicense, assign, transfer or otherwise economically exploit any of the Links, in whole or in part.
2.5. You may not use software programs to test the validity of the Links, or any other software programs that use the Links to view the original article of the Publisher, except as expressly permitted in this agreement or with prior written permission of Lanka.ca.
2.6. You may reproduce the Links on pages not powered directly
by Lanka.ca, provided, however that the text of the headline and
the link through the Lanka.ca remain unmodified, and the source
attributed remains intact. You are not
authorized to copy the text from any article, without the express
permission of the Publisher.
2.7. You may write commentary around the Links, and sell advertising on the page which contains the Links but you shall be solely liable if such commentary and/or advertising violates or infringes on the rights of any Publisher.
2.8. The Links may not be used on Sites which We determine to
be unsuitable. Unsuitable Sites include those that:
promote sexually explicit materials
promote violence and/or illegal activities
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
modify the names of publishers or fail to give proper source
attribution without publisher permission
otherwise violate intellectual property rights
2.9. Lanka.ca Intellectual Property.
a. The Links on the Service contain a link to the original
content providers' sites via an intermediate link through the
Lanka.ca domain. You may not delete, disable, modify or hide this
intermediate link to the Lanka.ca Site without written permission
from Lanka.ca.
b. The Service includes a default hypertext link to the Lanka.ca
Site. You may not delete or modify the Lanka.ca without prior
written permission from Lanka.ca.
3. Responsibility for your Site.
3.1. Lanka.ca is an independent provider of links to news
articles and discussion forums. You are responsible for taking
all reasonable precautions to ensure that materials posted on
your site or your post do not violate or infringe upon the rights
of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights).
3.2. The Service contains links to Sites on the Internet which
are owned and operated by other web sites. You acknowledge that
Lanka.ca is not responsible for the availability of any External
Site. You should contact the site administrator or Webmaster for
those External Sites if you have any concerns regarding such
links or the Links located on such External Sites.
3.3. While we will make commercially reasonable efforts to
maintain the currency, accuracy and availability of the Service,
we make no representation that the operation of the Links Service
will be uninterrupted or error-free, and We will not be liable
for the consequences of any interruptions or errors. You will be
solely responsible for the development, operation, and
maintenance of your Site.
3.4. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Service, even if we have been advised of the possibility of such damages. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the use of the lanka.ca.
3.5. SOME STATES OR COUNTRY DO NOT ALLOW EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. IN SUCH STATES OR COUNTRY, THE LIABILITY OF
LANKA.CA, THE PUBLISHERS, THIRD PARTY LINKS PROVIDERS AND THEIR
RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
4. Terms.
4.1. The Links available through the Service are delivered
free of charge. We may modify any of the terms and conditions
contained in this Agreement, at any time and in our sole
discretion, by (1) posting a change notice or a new agreement on
our Site, and (2) using commercially reasonable efforts to notify
all users under this Agreement via email. The email address you
provide during the initial set up process will be the email
address to which Lanka.ca directs such notices. UPON YOUR RECEIPT
OF SUCH NOTICE, IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
UTILIZATION OF THE SERVICE FOLLOWING YOUR RECEIPT OF NOTICE WILL
CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
4.2. Termination of Service.Lanka.ca reserves the right, at
its sole discretion, to restrict, suspend or terminate your
access to all or any part Service at any time for any reason
without prior notice or liability.
5. Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE
CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN THE SERVICE AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT.
6. Miscellaneous. This Agreement shall be construed in
accordance with the laws of the Ontario- Canada. This Agreement
constitutes the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all previous written
or oral agreements between the parties with respect to such
subject matter. If any inconsistency
exists between the terms of this agreement and any additional
terms and conditions posted on the Service, such terms shall be
interpreted as to eliminate any inconsistency, if possible, and
otherwise, the additional terms and conditions shall control. In
any legal action brought to enforce the terms and conditions of
this Agreement, the prevailing party shall be entitled to recover
its reasonable costs and fees, including attorney fees.