1. This Agreement
These terms and conditions (“Agreement” or “Terms”) set forth the general terms and conditions of your use of the betakit.com website (“Website” or “Service”) and any of its related products and services including but not limited to newsletters, podcasts, events, contents accessible to Patreon patrons or other content (collectively, “Services”). This Agreement is legally binding between you (“you” or “your”) and BetaKit Inc. (“BetaKit”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and BetaKit, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services. If you do not agree with the Terms, then please do not use the Services.
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
We reserve the right to modify, suspend, remove or discontinue any of the Services from time to time without notice or liability for any reason whatsoever. We also reserve the right at any time to charge fees for access to, and to change any limits applicable to obtain free access to, all or any portion of the Services. In such event, although your access to Services may be restricted or denied, you will not be charged for access unless we obtain your prior agreement to pay such charges.
2. Access to Services
You understand that before accessing a Service, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Services.
We are not responsible for any additional charges that you may incur for using a Service, such as data or other telecommunication or Internet or wireless service provider fees.
Access to certain Services may be restricted based on considerations including but not limited to whether you have subscribed or registered or whether you are a Patreon patron. We reserve the right to control, restrict or deny your access to the Services in our sole discretion. You expressly acknowledge and agree that we are providing the Services to you in reliance on these Terms and Conditions.
3. Restrictions on use of content
The Services and all content made available on or through the Website, including articles, stories, text, photographs, images, illustrations, audio and video clips and other content (collectively, the “Content”) are the property of BetaKit Inc. or its licensors and are protected, without limitation, pursuant to Canadian and foreign copyright, trademark and other laws.
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or use a single copy of the applicable Services or Content on your computer or other personal electronic device. This license is for personal, non-commercial, and educational purposes only. You cannot use any Service or Content in connection with any commercial purpose, unless you obtain our written consent in advance. You are not permitted to alter or modify, or remove any copyright notice from, any Service or Content. No other use is permitted and all other rights not expressly granted in these Terms are reserved. Nothing contained herein shall grant any license or right to use any Content in any manner other than as explicitly set forth in these Terms without either our prior written consent or the consent of such third party that owns the Content displayed on the Service. Any unauthorized use of any of the Content is strictly prohibited. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any Content, including by framing, caching or other similar means, without our prior written consent, and, if applicable, the owner of such Content.
All trademarks and trade names used, mentioned or displayed on the Service or in the Content are trademarks or registered trademarks of BetaKit Inc. or of their respective owners. The display of trademarks or trade names in any Service or Content does not convey or create any license or other rights in these marks or names. These trademarks are protected from reproduction, dilution and confusing or misleading uses. The use of any trade-mark appearing on any of the Services without the express written consent of the trade-mark owner is strictly prohibited.
You agree not to use the Services and Content (including submitting any user-generated Content) in an unlawful manner, or in any manner that violates the following restrictions:
- You will not submit or modify any Content that:
- is defamatory, libelous, offensive, abusive, stalking, threatening, demeaning, obscene, promotes hatred, bigotry, racism, sexism, harassment, discrimination, is pornographic, indecent, unlawful, profane, harmful to minors, false, misleading, would constitute spam, promotes, advocates or otherwise encourages illegal activities, including activities that would constitute a criminal offense or give rise to civil liability,
- will infringe any intellectual property rights, including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever, or otherwise violate the legal rights of others; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, circumvent, disable, replicate, damage or otherwise limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, computer viruses, code, cancelbots or corrupted files;
- You will not:
- promote commercial activities, such as to conduct sales of goods and services of any kind, promote charitable donations, or participation in sweepstakes and contests, whether by advertising, solicitations, links or any other form of communication, without our prior written consent;
- use any spider, robot, other automatic device or manual process to monitor, harvest or copy any of the Content of the Services without our express written consent;
- violate or attempt to violate the security of the Services or Content, including without limitation accessing data not intended for you, logging into a registration account you are not authorized to access, attempting to probe, scan or test the vulnerability of the Services, information technology systems or network or to breach security authorizations;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; or
- create a substitute for the Services or Content, meaning any product or service that diminishes the need for users or third parties to access the Services or Content via BetaKit or reduces our ability to generate traffic and revenues from the Services or Content.
4. Registration or subscription
For certain Services, or to post certain content in relation to certain Services, you may be required to register, subscribe and/or create an account. You must provide correct, current and complete information during the registration, subscription or account-creation process User information must be kept up to date. You may not pretend to be someone else or spoof their identity.
If so requested, you will create a login and password in respect of your registration or subscription or account, which is unique to your account and must be kept confidential at all times. Each account is intended to apply to a single user. You agree that you are responsible for all activities and transactions that occur in respect of your registration, subscription or account. You will promptly notify us if you become aware of any unauthorized access or activity in this regard.
We may terminate or suspend your registration, subscription or account, without notice to you, if we believe your use of the Services breaches these Terms and Conditions.
5. Your representations and warranties
You represent and warrant that:
- either you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf;
- all information you provide to us, directly or indirectly, is accurate and complete;
- you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms;
- you are not located in any country that is subject to a U.S. or Canadian Government embargo or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and are not listed on any U.S. or Canadian Government list of prohibited or restricted parties; and
- you are complying and will continue to comply with any applicable third party terms of agreement when accessing or using any Service (e.g., you have not and will not violate your wireless provider’s data service agreement when accessing or using the Services).
In cases where you have authorized a minor to use a Service, you agree that you are fully responsible for:
- the conduct of such minor;
- controlling the minor’s access to and use of the Services; and
- the consequences of any misuse of the Services or the Website by the minor.
You acknowledge that some of the areas or portions of a Service, as well as some content other users may post on or within the Services, may contain material that is inappropriate for minors.
6. User-generated content
Users of the Services and the Website may submit articles, letters to the editor, photos, videos, discussion forums, comments and other items to the Services (“User-Generated Content”). You are solely responsible for your User-Generated Content. We reserve the right to remove or refuse to post any User-Generated Content that we deem in our sole discretion to be unacceptable, undesirable or otherwise in violation of these Terms.
You represent and warrant that you are the copyright owner of any User-Generated Content that you submit to us, and that you have the unimpaired right to convey all intellectual property rights in and to the User-Generated Content. User-Generated Content must not be created using any pirated or unlicensed content, or other materials that include copyrighted or trade-marked material that we would not be entitled to use without a further licences or payment to an intellectual property owner. You must notify us of any conflict of interest, perceived or actual, you might have with the subject of your User-Generated Content.
By submitting your User-generated Content to us, you grant us a perpetual, royalty-free, irrevocable, non-exclusive licence (but not the obligation) to exercise and otherwise use any and all copyrights and other intellectual property rights in the User-Generated Content, in whole or in part, worldwide in perpetuity, in all media and formats whatsoever, whether now known or created in the future, in connection with and promotion of any work, Website or Service of BetaKit and any of its partners and affiliates.
You waive all moral rights in and to the User-Generated Content in favour of us and acknowledge and understand that we may edit, remove, modify and add to the User-Generated Content at our discretion and place the User-Generated Content on any Website or Service and on any platform without your further consent and without attribution to you.
You grant us the perpetual, right to use your name, user name, persona, image, likeness and photograph that you provide in connection with any submission of User-Generated Content, without any obligation or remuneration to you.
7. No warranty
The Content (including any facts, views, opinions, recommendations, description of or references to products, services and securities) is provided to you for general information, educational and entertainment purposes only. The Content is not necessarily reflective of the views or policies of BetaKit, including its publisher, contributors, staff or advertisers.
We do not warrant the quality, reliability, or accuracy of the Content. Information changes rapidly and some Content may be out of date, such as share price information or “real-time” quotes. The Content is not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of an entity or security by us. You acknowledge that we may invest or otherwise hold interests in entities which may be referenced in the Services or Content and that the views and opinions expressed on the Services and Content are not intended to constitute a description of securities bought, sold or held on behalf of BetaKit nor any indication of an intent to buy, sell, or hold any security.
The Content should not be relied on by you or anyone else or interpreted as financial, legal, tax, accounting, medical or other advice or recommendations regarding the suitability, profitability or potential value of any particular investment, security, information source, treatment plan, diagnosis, purchase, sale, product or course of action. You should use your own judgment in making use of any Content and are responsible for your own research and decisions. The Content does not replace consultations with professional advisors, such as qualified financial advisors, medical doctors, fitness trainers, real estate agents and lawyers. It is strongly recommended that you seek appropriate independent advice from qualified professional advisors before making any decisions.
You agree that we and our licensors are not liable to you, either directly or indirectly, for your reliance on or use of the Content, User-Generated Content, financial, accounting, legal, real estate, medical, health, fitness or any other professional advice or information provided in the Content or Services. You agree that all risk associated with your use of or reliance on the Content is with you.
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. Unless expressly stated otherwise, we make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
8. Additional disclaimers
The Services and Content contain third party content, such as links to third party websites, licensed third party content, User-Generated Content and advertisements. Your use or reliance on any such third party content is solely at your own risk.
Any activity with or relating to third parties, including but not limited to corresponding with, or participating in promotions of, advertisers or sponsors showing their goods or services through the Website and Services, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Third party content is not under our control and is provided to you for general information purposes only. We do not endorse or warrant the accuracy or completeness of any third party content.
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless we make an express statement in writing to the contrary. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. If you follow any link to any off-site resources contained on the Website or in the Content, such linking is at your own risk.
The Services and Content may contain materials available for download, such as software applications, codes, data, files, images or other forms of Content. Your use of downloaded materials may be governed by terms made available to you at the time of download. Any materials downloaded or otherwise obtained by you through your use of the Services and Content is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download and/or use of such material.
You agree that downloaded materials, unless otherwise specified, are licensed to you for your personal, non-commercial use. You may not modify, redistribute, decompile, reverse engineer, disassemble the downloaded material, and you must maintain all copyright or other proprietary notices. We and our licensors, to the maximum extent permitted by law, make no warranties regarding the downloaded materials and will not be responsible or liable in any way, directly or indirectly, for any loss or damage of any kind incurred as a result of or in connection with your use of or reliance on the downloaded materials, including the failure of the downloaded materials to meet your needs, standard, expectations or specifications.
9. Limitation of liability
You expressly understand and agree that in no event will BetaKit, or its affiliates, directors, officers, employees, agents, suppliers or licensors, be liable to you or any person (jointly or severally) for any claim, loss or damage whatsoever, including without limitation any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including without limitation contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages, arising from or in any way connected with the Services, Website or Content, including the performance, use of, access to, or the inability to use and access the Services, Website or Content.
The limitations of liability and disclaimers herein will apply regardless of the form of action, whether in contract, breach of warranty, civil liability, strict liability, tort (including negligence), or otherwise. Notwithstanding the foregoing, in no event will our aggregate liability to you exceed $50 CDN.
The Services and Content are provided to you through circumstances not under our control. Without limiting the generality of the foregoing, we will under no circumstances be held liable or responsible for any delay or failure in the performance of the Services and Content resulting directly or indirectly from acts of nature, or causes beyond its reasonable control, including without limitation Internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, satellite failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions and orders of domestic or foreign courts or tribunals.
The Services and Content may at any time be temporarily unavailable, inaccessible or inoperable for any reason from time to time, including periodic maintenance, repairs and disruptions as described above. While we will make every reasonable effort to minimize such downtimes, we cannot guarantee 100% availability of the Service and Content. If you are dissatisfied with the Services and Content for any reason, your sole remedies are pursuant to these Terms and Conditions.
You acknowledge and agree that third parties who supply third party content to you in Services and Content have no liability to you whatsoever in respect to their third party content and you agree to waive, to the fullest extent permitted by law, any right you may have to bring a legal claim against such third parties for your use of their content on the Services or Content.
You expressly acknowledge that we have relied on the disclaimers, limitations and exclusions of liability set out in these Terms in making the Website, Services and Content available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and us.
ou agree to indemnify and hold BetaKit and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to or in any way arising from:
- your Content;
- your use of, reliance on or distribution of the Website, Content or Services;
- your breach of these Terms or any other of our applicable policies;
- your violation of any law or regulation; or
- or any willful misconduct on your part.
You will use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
You recognize that we are providing Services at our sole discretion, and that we may at any time revise, withdraw, discontinue, amend, suspend any or all of the Services, with or without notice to you as provided in these Terms and Conditions. Under no circumstances will we be held responsible or liable for removing, disabling or restricting access to the availability of the Services.
We reserve the right to terminate or otherwise suspend, without notice to you, your registration account, your subscription to any Services, and/or your access to the Website at any time for any or no reason whatsoever, including but not limited to for our convenience, non-payment of Service fees, or for any other breach of these Terms, a Subscription Agreement, or other guidelines.
You acknowledge that upon the termination or suspension of your registration and/or subscription account you will no longer have access to any User-Generated Content, files or data associated with your registration, subscription or account and that we have no obligation to retain any such data post-termination.
Any such termination or suspension will be in addition and without prejudice to any rights or remedies as may be available to us, including injunction and other equitable remedies. All disclaimers, limitation of liability and indemnity provisions of these Terms will survive such termination. The disclaimers and limitations of liability provided in these Terms will survive and continue to apply in the case of fundamental breach or breaches, the failure of essential purpose of these Terms, the failure of any exclusive remedy, or the termination of the relationship between you and BetaKit.
12. Jurisdiction and disputes
We are located in Canada. If you are accessing the Services and Content outside Canada, you are responsible for using the Services and Content in accordance with the laws of your jurisdiction.
These Terms will be interpreted in accordance with the laws of the Province of Ontario, Canada, without reference to conflict of laws principles. You agree that in the event of a dispute arising out of these Terms and Conditions, the laws of the Province of Ontario will apply. Any cause of action that you may have must be commenced within one (1) year after the claim or cause of action arises, except where prohibited by applicable law.
You may not export any Services or Content in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim (including disputes, controversies, etc.) arising out of or relating to these Terms will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator, who will be a person legally trained, has experience in information technology and is independent of both parties, to be held in Toronto, Ontario, in English and governed by Ontario law subject to the most current version of the Arbitration Act, 1991 (Ontario). Each claim will be arbitrated on an individual basis and will not be consolidated with the claim of any other party, unless the parties agree or an arbitrator orders otherwise. You agree to waive any right you may have to commence or participate in any class action against us. Notwithstanding the foregoing, we reserve the right to purse the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
This Agreement shall constitute the entire Agreement between you and BetaKit and supersedes all prior Agreements and understandings, whether oral or written, relating to any of the subject matter of this Agreement. Alterations to this Agreement only valid if they are recorded in writing and signed by both parties.
If any provision of this Agreement is deemed by BetaKit, or held by a court or tribunal, to be invalid, illegal, or unenforceable under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of this Agreement shall continue in force.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
This document was last updated on Thursday, December 15th 2022.