Terms and Conditions

Last Updated on: June 15, 2018

SECTION I – TERMS AND CONDITIONS FOR GENERAL USERS OF THE WEBSITE
Acceptance Of Terms and Conditions

Welcome to our website. Backsplash.ca is provided by Ambelton Inc., its Providers, licensors, and affiliates. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

We use Google, Inc., for providing the map features on the website. You agree to be bound by Google Maps Terms of Service in connection to your use and accessing the map features. Google Maps Terms of Service are located at http://www.google.com/help/terms_maps.html.
http://www.google.com/privacy.html

Changes to These Terms

These Terms and Conditions may be subject to change or modification at any time. Any such change or modification will be posted on this page and will take effect after We post it. Therefore, you should frequently review this Agreement to keep yourself informed of any modifications. Your continued use of the Services will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must cancel your Account with us and stop using the Services.

Definitions

“User” is someone who accesses and uses our Site or Services in any way, including browsing, crawling, scraping, etc.

“You” and “Your” refer to you, as a user of the website.

“We”, “Us”, “Our”, and “Backsplash” refer to Ambelton Inc., its Providers, licensors, and affiliates.

“Site” means our internet website whose address is https://backsplash.ca together with the respective Content and Services available from this site and subsites.

“Registered User” refers to a user of our website who has established a User ID and password in order to gain access to certain restricted areas of our website.

“Company” means a business or individual whose information is posted on the website.

“Profile” refers to a Company business profile created for You in the Business Directory section of the Site.

“Service” means the services and/or products provided through Backsplash website.

“Account” means any and all Backsplash accounts created by User or on behalf of User by agents for the purpose of accessing and using the Services.

“Content” means text, documents, information, location data, trademarks, designs, articles, images, photos, graphics, audio, video, and all other materials and forms of data or communication that are available on the Site.

“User Content” means content, such as Company Profiles, ratings, reviews, messages, and other information that Users submit or transmit to, through, or in connection with the Site and publicly display in their Profile.

“Backsplash Content” means content, we create and make available through the Site.

“Third Party Sites” means third party websites linked from within or accessed through Backsplash Site.

“Third Party Content” means content belonging to, or originating from third parties, which is made available in connection with the Site.

“Provider” means Our licensors, suppliers, information and advertising providers.

“Business Directory” means the directory of Companies available on and maintained by Backsplash.

Eligibility

You must be 18 years of age or older to access or use the Site in any manner and have the right, authority and capacity to agree to and abide by these Terms.

Third Party Sites and Services

The Site may include links to other sites, services or resources on the Internet (“Third Party Sites”). Those sites are not under Our control, and You acknowledge and agree that We shall not be responsible for the availability of those sites, or be liable, directly or indirectly, in any way for the content they provide, as well as for any damage or loss caused or alleged to be caused by or in connection with the use of those sites. The inclusion of such links does not imply endorsement or any association with its operators. Your use of Third Party Sites is at your own risk.

Non-Commercial Use

The Services are for Your personal and non-commercial use only. All content included in the Site is provided for general information, general discussion, education, and entertainment purposes only.

Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Indemnification

You agree to defend, indemnify, and hold harmless Us and Our employees, officers, directors, contractors and affiliates and each of their respective employees, officers, directors, contractors and affiliates from all liabilities, claims, losses, costs, damages, and expenses, including legal costs that arise from Your use or misuse, or access to the Site, infringement by You of any intellectual property in connection with Your User submissions, or your violation of this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses.

Warranty Disclaimer

The Content and the Services included in the Site and the information accessible through this Site are provided to You on an “as is” basis with no warranties whatsoever or condition of any kind, whether express or implied. Backsplash, its directors, employees, agents, representatives, affiliates, partners, advertisers and its providers and suppliers hereby disclaim any and all responsibility or liability for the accuracy, completeness, legality, availability of any data or information accessible through the Site, operability or reliability of the Site, freedom from computer viruses, errors, typographical errors, and any harm resulting from accessing or downloading any information or material through the Site.

The content we offer on or through this website including, without limitation, information, advice, tips, instructions, recommendations, advertisements, articles, guidelines, referrals, reviews, ratings, summaries, manuals, feedback, and testimonials are intended for general information, general discussion, education, and entertainment purposes only. It is not a substitute for, nor does it replace any regulated professional advice. If You have any concerns or questions about Your health, You should always and without delay consult with a healthcare professional. Likewise, if You have any questions or concerns about legal or financial matters or any other matters that are important to Your well being You should always seek a professional advice. You acknowledge that any reliance on any of the foregoing shall be at Your sole risk.

Limitation of Liability

You acknowledge and agree that any information You send or receive during Your use of the Site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that Your use of the Site is at Your own risk, including the risk that You might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. To the fullest extent permitted by law, under no circumstances shall Backsplash, or its directors, employees, agents, representatives, partners, suppliers or content providers be liable to any user for any direct, indirect, incidental, consequential, exemplary, punitive, special or other damages (including without limitation, loss of revenue, loss of savings, business interruption, loss of information or data) under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising as a result of that User’s use or misuse of or reliance on the Service or Content, or any information, products and/or Services obtained through this Site, or products and services obtained through any links to Third Party Sites, or by reason of any information or advice received through or advertised on this Site; whether or not we and/or any of our providers or our affiliates have been advised of the possibility of such damages to any party.

In some jurisdictions applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions in such cases may not apply to You.

Governing Law

These Terms and Conditions, as well as any use of the Site, shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada.

How To Contact Us

If You have any questions regarding these Terms and Conditions, You can reach us at the following address: admin@backsplash.ca

SECTION II – BUSINESS DIRECTORY LISTING FOR ACCOUNT HOLDERS

This section of Terms and Conditions apply to contractors, suppliers and service providers that create and maintain an Account and a Profile listing in the Business Directory section of the Site.

Submitting a Company Listing

As a condition for submitting a Company listing and modify its content, You are required to become a Registered User by creating an Account with the Site and represent and warrant that all information provided by You when creating an Account is true, accurate and complete. You must also keep Your information current so that we may send notices, statements, and other information to You by email. Your name and email provided by You during registration will not be made available by us on the site. Information provided by You as part of Your Profile may be viewed by anyone accessing the Site. You may create a maximum of one Account per Company.

You acknowledge and agree that We are under no obligation to retain uploaded data that You may have stored by means of the Account.

Company Listing Quality Requirements

Links, when supplied as part of Your listing, must point to a working and complete Company website. Websites, which are still under construction, contain unlawful content or links to such content, are flagged as containing malware, or can be classified as unrelated to kitchen and bath and/or home improvement topics of interest in general, will be rejected from inclusion in the listing.

Backsplash, in its sole and absolute discretion and judgment, reserves the right, but not the obligation, to refuse, to post, or remove any Company listing or any other Content.

A partial list of unacceptable Content includes the following:

(a) content that violates the standards of good taste or the standards of this Site; uses offensive, harmful or abusive language, expletives or profanities, obscenities, or hate speech, or harassing or sexually explicit language;

(b) content that is not in English, that is encrypted, or references to illegal activity;

(d) content that We determine to be illegal or in violation of any provincial or federal law or regulation.

Due Authorization

You represent and warrant that if You are registering an Account on behalf on an entity, either as an employee or agent of such party, that You have all necessary legal power, authority, and capacity to enter into and bind the entity to these Terms.

Age Restrictions

You represent and warrant that You are 13 years of age or older.

In accordance with the Children’s Online Privacy Protection Act of 1998 (COPPA), You must be at least 13 years of age to register for or use the Content, Products, and Services available on the Site. Your status as a Registered User may be terminated and any information You have provided to Us may be deleted without warning, if we believe or have reason to believe that You are under 13 years of age.

Registration and Password

By registering an Account and by using the Services, You represent and warrant that:

(a) Your use of the Services does not violate any applicable law or regulation;

(b) all registration information You submit is truthful, current and accurate;

(c) You will maintain at all times the accuracy of such information;

(d) You are responsible for maintaining the confidentiality of Your registration information and password.

(e) You are fully responsible for all activities that occur under Your Account, whether or not authorized by You.

(f) You agree to notify us immediately if You have reasonable grounds to believe that Your login information has been compromised, or someone has made unauthorized use of Your Account.

Responsibility for User Content

You agree to assume sole liability and responsibility for Your Content. You may not imply that Your Content is in any way endorsed by Backsplash. By submitting content on Backsplash:

(a) You represent that You own the content You submit to Backsplash, or have the authority and the necessary permissions to do so, and authorize the use of Your Content on this Site.

(b) You represent and warrant that Your Content is true, accurate and current and that it does not contain any material that violates any third-party right, including any intellectual property protected by a copyright, trademark, patent, trade secret, or other proprietary rights.

(c) You agree to indemnify and hold Us harmless, Our contractors, affiliates, and agents from and against any and all claims and expenses, including legal expenses, arising out of any Content posted or published by You that are in breach of this section.

Our Right to Use Your Content

We acknowledge and agree that all intellectual property rights in Your content shall remain Your sole and absolute property. When You supply Your content, You hereby irrevocably grant us perpetual, non-exclusive, worldwide, royalty-free, transferable license to use Your Content in any way that we decide and for any purpose. This license includes the right to copy, edit, modify, adapt, incorporate it into advertisements and other works, create derivative works from it, publicly display it, promote it, distributing it, and grant sub-licenses to our contractors and affiliates to do the same in connection with their own Sites and media platforms. Furthermore, You waive any moral rights which You may have, including to be identified as the author, with respect to Your Content. You also irrevocably grant the Users of the Site the right to access and download Your Content.

Termination

If You violate these Terms and Conditions, We may, at our sole discretion, suspend Your privileges related to the use of the Site, or terminate Your Account and remove any account-related Content from our Website.