Legal and Privacy
Terms of Service
Your use of this website and the Service (as defined below) is governed by the following Terms of Service ("TOS") and by using this website you agree to abide by these TOS.
This website ("the Site") and the MYROADWAVES.COM service ("the Service") is owned and operated by MYROADWAVES COMMUNICATIONS LTD. ("MYROADWAVES COMMUNICATIONS LTD."), a private company incorporated [no. BC0863711] and registered in VANCOUVER, BRITISH COLUMBIA, CANADA.
Description of the Service
The Service is a web-based service. It allows its users to post comments and to submit items for inclusion on the Site. The Service may be used through a web browser. Once registered with the Service, each user may submit text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video ("the Content"). This Content may reside on MYROADWAVES COMMUNICATIONS LTD. servers or on the servers of a third party. At all times MYROADWAVES COMMUNICATIONS LTD. reserves the right to change or alter the methods by which the content can be placed on the website.
Registration and verification is required in order to create a MYROADWAVES.COM account. During registration, you must provide accurate, complete and current information about yourself in all required fields. Should any of your information change after submitting it to the Service, you are hereby required to update that information as soon as possible. Should MYROADWAVES COMMUNICATIONS LTD. suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.
Guidelines for posting to online Content shall be as follows:
All Content you post is your responsibility and must be your property. MYROADWAVES COMMUNICATIONS LTD. is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any Content. All Content must meet the requirements of local and international law and/or regulation. In addition all Content should not be contrary to the spirit, aims and objectives of MYROADWAVES COMMUNICATIONS LTD. Subject to compliance with these guidelines, MYROADWAVES COMMUNICATIONS LTD. will generally not place a limit on the type, or appropriateness of Content. Should content be deemed illegal, MYROADWAVES COMMUNICATIONS LTD. will submit all necessary information to the proper authorities and will fully cooperate with them.
Should any Content be reported to MYROADWAVES COMMUNICATIONS LTD. as being offensive or inappropriate, MYROADWAVES COMMUNICATIONS LTD. may forthwith and without notice remove or modify the Content or at MYROADWAVES COMMUNICATIONS LTD. discretion, may call upon you to retract or modify the Content within a reasonable amount of time, as determined by MYROADWAVES COMMUNICATIONS LTD. Should you fail to meet such a request from MYROADWAVES COMMUNICATIONS LTD., MYROADWAVES COMMUNICATIONS LTD. may terminate your account. MYROADWAVES COMMUNICATIONS LTD. will be free to delete, modify or remove any Content and may terminate and/or may bar access to the Service. MYROADWAVES COMMUNICATIONS LTD., however, is under no obligation to restrict or monitor Content in any way
Subject to the License below, MYROADWAVES COMMUNICATIONS LTD. claims no ownership or control over any Content. You retain all patent, copyright and trademark rights in your Content and you are solely responsible for protecting those rights. By posting any Content you represent that you have all rights and permissions necessary to post such Content (and that MYROADWAVES COMMUNICATIONS LTD. has the rights to serve such Content) without violation of any intellectual property or other rights or any laws or regulations.
You acknowledge that MYROADWAVES COMMUNICATIONS LTD. does not pre-screen Content, but that MYROADWAVES COMMUNICATIONS LTD. and its designates, shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, MYROADWAVES COMMUNICATIONS LTD. and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Furthermore, MYROADWAVES COMMUNICATIONS LTD. reserves the right to limit access to your account, if found in violation of the TOS, by removing the Content and related user information from the member directory, search engine, and all other methods used in conjunction with finding MYROADWAVES.COMâ€™s users.
By posting Content on the Site, you hereby grant MYROADWAVES COMMUNICATIONS LTD. a perpetual, royalty-free, worldwide non-exclusive right to modify, re-use, (whether electronically or otherwise), publish, sell, incorporate into other material/s or to forward to or highlight for the benefit of other users on the Site or generally or otherwise. This license shall subsist and continue whether or not you are still registered. Furthermore, MYROADWAVES COMMUNICATIONS LTD. is under no obligation to inform, consult or seek your authorization before exercising this license. In no circumstances will any payment be due for the exercise of this license.
The Service is provided free of charge although MYROADWAVES COMMUNICATIONS LTD. reserves the right (a) to charge such fees as it determines in future for all or part of the Service; (b) to charge, at it's discretion, users or third parties for and/or access to specific content; (c) at it's discretion to carry paid-for advertising.
While the Service is currently free, you agree that you may, at any time, be invited to make a donation, either to MYROADWAVES COMMUNICATIONS LTD. or any other service or organization or person deemed appropriate by MYROADWAVES COMMUNICATIONS LTD.
You agree to NOT use the Service to:
1. Upload, post or otherwise transmit any Content that is in MYROADWAVES COMMUNICATIONS LTD. opinion contrary to the aims of the Service;
2. Upload, post or otherwise transmit any Content that is in MYROADWAVES COMMUNICATIONS LTD. opinion unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (including any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable, including all and any material abusive or insulting of the Christian faith or any denomination of it or of any other established religion;
3. Harm minors in any way, in the opinion of MYROADWAVES COMMUNICATIONS LTD. or as contemplated by applicable law;
4. Impersonate any person or entity, including, but not limited to, any MYROADWAVES COMMUNICATIONS LTD. staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
6. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
7. Upload, post or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
8. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
9. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by national or state securities, exchange or financial bodies, any rules of any national or other securities exchange, and any regulations having the force of law;
12. "Stalk" or otherwise harass another person or company;
13. Collect or store personal data about other users for business purposes;
14. Promote or provide instructional information about illegal activities, promote harm or injury against any group or individual, promote any act of cruelty to animals or promote damage to any property;
15. Use MYROADWAVES.COM as a forwarding service to another website;
16. Allow usage by others in such a way as to violate the MYROADWAVES.COM TOS;
17. Engage in commercial activities within the Service or on behalf of MYROADWAVES COMMUNICATIONS LTD. without prior approval. This includes, but is not limited to, the following activities:
18. Displaying a banner that is designed to profit you or any other business or organization; and
19. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
If you are reported to be in violation with the letter or spirit of these terms, MYROADWAVES COMMUNICATIONS LTD. retains the right to terminate your account at any time without further warning.
You agree that you will comply with all applicable legislation, rules, regulations and codes of practice regarding the transmission of technical data exported from Canada.
You agree that you will not reproduce, duplicate, sell or exploit any portion of the Service, use of the Service or access to the Service.
MYROADWAVES COMMUNICATIONS LTD. Rights
MYROADWAVES COMMUNICATIONS LTD. reserves the right at any time to:
1. Establish and modify limits concerning your use of the Service;
2. Modify or discontinue, temporarily or permanently, the Service (or any part of it) without notice at any time. You agree that MYROADWAVES COMMUNICATIONS LTD. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service;
3. run advertisements and promotions on the Site without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by MYROADWAVES COMMUNICATIONS LTD. on or around your Content are subject to change. MYROADWAVES COMMUNICATIONS LTD. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisers on the Site; and
4. provide links to other web sites or resources. Because MYROADWAVES COMMUNICATIONS LTD. has no control over such sites and resources, you acknowledge and agree that MYROADWAVES COMMUNICATIONS LTD. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MYROADWAVES COMMUNICATIONS LTD. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource;
You acknowledge and agree that the Service, and any necessary software used in connection with the Service ("Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All the Service code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. Your use of the site does not transfer any right in the Software to you.
Any questions concerning the use of MYROADWAVES COMMUNICATIONS LTD. trademarks should be referred to the site administrator via contact us page. Any trade marks followed by Â® are registered trade marks of MYROADWAVES COMMUNICATIONS LTD. in Canada; all others are unregistered trade marks or common law marks of MYROADWAVES COMMUNICATIONS LTD. in Canada.
Warranties and Indemnities
You expressly understand and agree that:
(a) your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. MYROADWAVES COMMUNICATIONS LTD. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) MYROADWAVES COMMUNICATIONS LTD. makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Software will be corrected.
(c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liability that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from MYROADWAVES COMMUNICATIONS LTD. or through or from the Service shall create any warranty not expressly stated in the TOS.
You expressly understand and agree that MYROADWAVES COMMUNICATIONS LTD. (including MYROADWAVES COMMUNICATIONS LTD. and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees and volunteers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MYROADWAVES COMMUNICATIONS LTD. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
MYROADWAVES COMMUNICATIONS LTD. does not control Content and, as such, does not guarantee the validity of such Content. You understand that by using the Service, despite the intention of MYROADWAVES COMMUNICATIONS LTD., you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation of, but not limited to, the TOS, it will be MYROADWAVES COMMUNICATIONS LTD. sole discretion as to what action should be taken.
You agree to indemnify and hold MYROADWAVES COMMUNICATIONS LTD., and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees and volunteers harmless from all and any claim, alleged claim or demand, howsoever and wheresoever arising, including all and any damages, penalties or fines and/or legal fees or expenses, including reasonable legal fees incurred by or on behalf of MYROADWAVES COMMUNICATIONS LTD., made by any third party due to or howsoever arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.
You agree that MYROADWAVES COMMUNICATIONS LTD., in its sole discretion, may terminate your password or account, and remove and discard any Content within the Service, for any reason, including and without limitation, the lack of use, or if MYROADWAVES COMMUNICATIONS LTD. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted Content and all its parts, at MYROADWAVES COMMUNICATIONS LTD. discretion, will be terminated as well. MYROADWAVES COMMUNICATIONS LTD. may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MYROADWAVES COMMUNICATIONS LTD. may immediately deactivate or delete your MYROADWAVES.COM Content and all related information and files. MYROADWAVES COMMUNICATIONS LTD. reserves the right to bar any further access to such files or the Service. You agree that MYROADWAVES COMMUNICATIONS LTD. shall not be liable to you or any third-party for any termination of your access to the Service
The TOS constitutes the entire agreement between you and MYROADWAVES COMMUNICATIONS LTD. and governs your use of the Service, superseding any prior agreements between you and MYROADWAVES COMMUNICATIONS LTD. (including, but not limited to, any prior versions of the TOS) and any prior representations by MYROADWAVES COMMUNICATIONS LTD.
The laws of Canada shall govern the TOS and the relationship between you and MYROADWAVES COMMUNICATIONS LTD. without regard to its conflict of law provisions. You and MYROADWAVES COMMUNICATIONS LTD. agree to submit to the personal and exclusive jurisdiction of the courts located within Canada.
The failure of MYROADWAVES COMMUNICATIONS LTD. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Instructions on how to report violations of these Terms of Service may be located at contact us page links throughout the site.
MYROADWAVES COMMUNICATIONS LTD. may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.
Information you share with us can be used for MYROADWAVES COMMUNICATIONS LTD.â€™s (MYROADWAVES COMMUNICATIONS LTD., its affiliates and subsidiaries) operational purposes. MYROADWAVES COMMUNICATIONS LTD. is not in the business of selling information about you. This notice tells you what information we collect, steps we take to protect and secure it, how we use and share the information, and finally, how you can contact us with questions or concerns.
Information We Gather
â€¢ MYROADWAVES COMMUNICATIONS LTD. collects personal information when you register and when you post Content on the Site.
â€¢ MYROADWAVES COMMUNICATIONS LTD. may combine information about you that we have with information we obtain from business partners or others.
â€¢ MYROADWAVES COMMUNICATIONS LTD. may also collect information about your transactions with us and with some of our business partners. This information might include information necessary to process payments due to us from you such as your credit card number.
â€¢ MYROADWAVES COMMUNICATIONS LTD. automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the pages you request.
â€¢ MYROADWAVES COMMUNICATIONS LTD. uses information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, research, and anonymous reporting.
â€¢ MYROADWAVES COMMUNICATIONS LTD. may occasionally obtain IP addresses from users depending upon how you access our web site. IP addresses, browser and session information may be used for various purposes, including to:
â€¢ Diagnose and prevent service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
â€¢ Estimate the total number of users visiting MYROADWAVES.COM from specific geographical regions.
â€¢ Help determine which users have access privileges to certain content, services or resources that we offer.
â€¢ Monitor and prevent fraud and abuse.
â€¢ MYROADWAVES COMMUNICATIONS LTD. may display your IP address to the owners or maintainers of certain MYROADWAVES.COM pages when you post to those pages and the owner or maintainer has enabled functionality on the site for this purpose.
â€¢ A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive.
â€¢ If you reject all cookies, you may not be able to use MYROADWAVES.COM products or services that require you to "sign in" and you may not be able to take full advantage of all offerings.
â€¢ You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.
â€¢ MYROADWAVES COMMUNICATIONS LTD. uses its own cookies for a number of purposes, including to:
â€¢ Require you to re-enter your password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.
â€¢ Keep track of preferences you specify while you are using MYROADWAVES.COM services.
â€¢ Estimate and report our total audience size and traffic.
â€¢ Conduct research to improve MYROADWAVES.COM content and services.
Information Use, Sharing and Disclosure
â€¢ MYROADWAVES COMMUNICATIONS LTD. does not share personal information we learn about you from your use of the Service or this web site with others except as described in this policy. We do not share your information with unrelated third parties for their direct marketing purposes.
â€¢ When you provide personal information through using the Service you are however sharing your personal information with MYROADWAVES COMMUNICATIONS LTD., organizations that may hold a majority interest in MYROADWAVES COMMUNICATIONS LTD. and any of its divisions or subsidiaries. The use of your personal information by these organizations is subject to this policy.
â€¢ MYROADWAVES COMMUNICATIONS LTD. may use or share your personal information where it is necessary for us to complete a transaction, to operate or improve MYROADWAVES.COM and related products and services, to do something that you have asked us to do, or tell you of products and services that we think may be of interest.
â€¢ Where you are contacted with an offer or service based on information you have shared with MYROADWAVES COMMUNICATIONS LTD., we will do our best to provide you with an opportunity to opt-out of receiving such further communications at the time you are contacted.
â€¢ When you post a message, your MYROADWAVES.COM ID or alias that you are posting under may be visible to other users.
â€¢ When you post a message on the Site, you have the ability to post a message which may include personally identifiable information about yourself.
â€¢ If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
â€¢ MYROADWAVES COMMUNICATIONS LTD. does or may share personally identifiable information about you under the following circumstances:
â€¢ In the course of operating it may be necessary or appropriate for us to provide access to your personal information to others such as our service providers, contractors and select vendors so that we can operate the Service. Where practical, we seek to obtain confidentiality agreements that are consistent with this policy and that limit others' use or disclosure of the information you have shared.
â€¢ We may share your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or, defend against legal claims and if in our judgment in such circumstances disclosure is required or appropriate.
If there is ever a change to how MYROADWAVES COMMUNICATIONS LTD. uses or intends to use personal information, we will post that change to this policy and, if the new policy is materially less restrictive than this policy, we will seek your consent.
Confidentiality and Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make efforts to ensure security on our systems.
â€¢ We use physical, electronic, and procedural safeguards to protect personal information about you.
â€¢ Your MYROADWAVES.COM Account Information is password-protected.
â€¢ In certain areas, MYROADWAVES.COM may use industry-standard SSL-encryption to protect data transmissions. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
If MYROADWAVES COMMUNICATIONS LTD. learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this web site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. MYROADWAVES COMMUNICATIONS LTD. may post a notice on our web site if a security breach occurs. If this happens, you will need a web browser enabling you to view the MYROADWAVES.COM web site. MYROADWAVES COMMUNICATIONS LTD. may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using the contact us page.
Changing your Preferences and Personal Information
â€¢ You can edit your MYROADWAVES.COM Account Information at any time. Most personal information you may provide is entirely optional. For example, to the extent that parents are considering whether to permit their children to use the Service, we do not condition a child's participation based upon their provision of any more personal information than is necessary to operate the Service.
â€¢ You can delete your MYROADWAVES.COM account by making a request to the site administrator via the contact us page; however, please note that some personal information, primarily your contact information, may remain in MYROADWAVES COMMUNICATIONS LTD. 's records to the extent necessary to protect MYROADWAVES COMMUNICATIONS LTD. 's legal interests or document compliance with regulatory requirements.
Contacting MYROADWAVES COMMUNICATIONS LTD.
If you have a privacy concern regarding MYROADWAVES.COM, or this policy, and if you cannot satisfactorily resolve it through the use of this web site, you should contact us using the contact us page link.
In the event that we are still unable to resolve your concerns MYROADWAVES COMMUNICATIONS LTD. is committed to cooperating to achieve a proper resolution of your privacy concerns.
If you object to any sharing of your personal information that may be permitted under this policy, you may do so by writing us at the above address. We will take reasonable steps to accommodate your requests as they relate to our advertising practices. In some instances, honoring your requests may interfere with or preclude your ability to use the Service or may require us to terminate our relationship with you.
Effective Date: May 19th, 2010