Terms and Conditions

Welcome to Displayto! This website (the “Website”) is owned and operated by Divtech Development Inc. (“we”, “us”, “our” or the “Company”), and these Terms of Use (“Terms”), our Privacy Policy, and any other rules, regulations or policies we may post on the Website from time to time (collectively, “Terms and Policies”), shall govern your use of the Website and the content and services offered thereon. The Terms and Policies constitute a binding legal agreement between you, the Website user (“you”, “your” or the “User”) and us. By accessing and using the Website, you accept and agree to be bound by these Terms. If you do not accept and agree to these Terms, please discontinue use of the Website immediately.


In these Terms, the word “Website” shall include the Website www.displayto.com, and any and all versions thereof, including mobile apps versions or other related software applications that are owned and operated by us or our subsidiaries.


Website Services

Displayto is an online platform that allows Users to create an online account (“Account”) to curate, showcase, and share their projects (“Projects”) with colleagues, potential employers, and the rest of the world. All Users must be at least 19 years of age to use the Website.


In creating an Account and displaying your Projects, rest assured you (the “Displayer”) will retain all intellectual property rights in and to your Projects. However, you the Displayer represent and warrant that:


(a) the Projects and all portions thereof are wholly your original work and free from any and all claims or encumbrances, or you have obtained necessary permissions or licenses for the portions of your Projects that are not your original creation;


(b) you have full power and authority to create an Account and to display the Projects thereon and to grant us a license to display the Projects (as provided hereinafter); and


(c) in displaying your Projects on the Website, you will not be in contravention of any laws, regulations, or agreements, or otherwise infringing upon or violating the intellectual property rights, privacy rights, or any other rights of any person or entity.


If you are using the Website to view the Projects (as a “Viewer”), you acknowledge and agree that we offer the Website as a neutral platform for display only, and not a lawful agent to either the Displayer or Viewer. We do not own, lease, offer, manage or control any of the Projects, and have no authority (beyond the terms and conditions herein) over the nature of the Projects.


Accounts

By creating an Account you represent and warrant that you have full authority to agree to and be bound by the Terms and Policies, and to use the services provided on the Website. Further, you acknowledge and agree you have not been previously barred or banned from using the Website, either by us or by operation of law of the jurisdiction in which you reside. You agree that all information provided by you to create and maintain the Account is accurate, complete, and will be current at all times. Failure to provide accurate, complete or updated information constitutes a breach of these Terms, which may result in immediate termination of your Account on the Website. You are responsible for safeguarding the password that you use to access your Account and for any activities or actions under your password, whether your password is with our Website or a third-party service. You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. Any personal information you provide to us will be subject to our Privacy Policy, which we encourage you to read before submitting any personal information to our Website.


Content

The Website contains content (“Content”) provided by us, Users, and third-party businesses. For greater certainty, “Content” includes Projects. All Content, including but not limited to text, graphics, videos, links or other materials provided by us or third parties are provided for informational purposes only. We make no guarantee, representation or warranty of any kind in regards the legality, reliability, and appropriateness of any Content. If you have any questions or concerns regarding any Content, we recommend that you contact the publisher of said Content directly (be it us, the third-party business, or a User). Content that is created by the Users (“User Content”) includes information, texts, graphics videos or other materials a User posts, links, stores, shares and otherwise make available on the Website, which for greater certainty, includes the Projects and specific information or data related thereto. You are responsible for all User Content that you contribute to the Website, including its legality, reliability, and appropriateness according to the Terms and Policies. By posting User Content, you grant us the right and license to use, modify, publicly display, reproduce, and distribute such User Content on and through the Website. You retain any and all of your rights to any User Content you submit, post or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your User Content available to other Users, who may also use your User Content subject to these Terms. In addition to the representations and warranties of a Displayer herein before, if you post User Content, you represent and warrant that: (a) you own the User Content or you have the right to use it and grant us the rights and license as provided in these Terms; and (b) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. The Company reserves all rights to block or remove any User Content or communications on or through the Website that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another; or (d) immoral, offensive, contrary to the views and practices of the Company, or otherwise unacceptable to us in our sole discretion. You acknowledge that by providing you with the ability to view and distribute User Content on the Website, the Company is acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website. You expressly acknowledge and agree that, although we maintain the Website, we do not have any obligation to review or otherwise evaluate any Content including information that Users post or submit. Any reliance upon the Content shall be at your own risk. It is your responsibility to verify any information on the Website or provided to you by the Website before relying on it. We recommend that you investigate for yourself the suitability, quality, accuracy and condition of services or information advertised on the Website. If you find any link or Content on the Website that is offensive, an infringement of a third party’s rights or privacy, or otherwise in contravention of these Terms, we encourage you to contact us. We will consider requests to remove such link or Content, but we are not obligated to or so, or to respond to you directly.


Linking and Inline Framing

We may permit or make available links to our Website from third-party websites, or other electronic service providers that are not affiliated with us. Some third-party websites or services may link to our Website without our consent or knowledge. Further, we may also provide links through our Website to third-party websites. The fact that we have provided or permitted such a link is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. Use any such links at your own risk, as we are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any such links. You may not create an inline frame or otherwise display or alter the visual presentation or appearance of our Website or content thereon without our prior written consent, which consent may be unreasonably withheld.


Unauthorized Use of Website

In using the Website and any of its functionalities, you will not do any of the following: (a) violate any laws; (b) be false or misleading; (c) infringe any third-party right; (d) distribute or contain spam, chain letters, or pyramid schemes; (e) distribute viruses or any other technologies that may harm the Website or the interests or property of the Users; (f) impose an unreasonable load on our infrastructure or interfere with the proper working of the Website; (g) copy, modify, or distribute any Content without the express written consent of the Content owner; (h) use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission; (i) harvest or otherwise collect information about others, including email addresses, without their consent; or (j) bypass measures used to prevent or restrict access to the Website. We may limit or terminate our services, remove Content and take technical and legal steps to keep Users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a User off the Website or not, we do not accept any liability for monitoring the Website or for unauthorized or unlawful Content on the Website or use of the Website by Users


Intellectual Property

The Website and all of its content (excluding User Content or the Content of a third-party), including but not limited to text, images, graphics or code (“Intellectual Property”) are the property of the Company, and are protected by copyright, trademarks, database and other intellectual property rights. These Terms do not grant you a license to use any Intellectual Property of the Company or its affiliates, or any Intellectual Property of any Vendor or other authorized third-party providing Content. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.


Termination

We may terminate or suspend your access to the Website or your Account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Website and your Account will immediately cease. All provisions of these Terms, that by their nature are intended to survive termination, shall survive termination, including, without limitation, applicable provisions regarding Content, Disclaimers, Indemnification and Limitation of Liabilities. If you wish to terminate your Account, you may simply delete your Account and discontinue using the Website.


Disclaimers

The Company makes no guarantees, representations or warranties of any kind regarding the Website. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of the province of British Columbia. In such cases, the provincial law shall apply to the extent necessary. Without limiting the generality of any of the foregoing provisions of these Terms, we make no guarantees in relation to the following: (a) the quality, safety, legality, affordability, or utility of any Vendor, Venue or Vendor Service advertised on the Website; (b) the accuracy or truth of any Listings or Content in general on the Website; (c) the ability of any User to enforce or complete a transaction. Further, the Company, its subsidiaries, affiliates, and its licensors do not warrant that: (a) the Website will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Website is free of viruses or other harmful components; or (d) the results of using the Website will meet your requirements.


Limitation of Liability

The Company, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from: (a) your use, reliance on, or inability to use the Website or its Content; (b) any conduct or content of any User or third party on or related to the Website; (c) any content obtained from or through the Website; or (d) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, 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; or (e) any other matter arising from, relating to or connected with the Website or our Terms and Policies. To the greatest extent permitted by law, in no event shall our aggregate liability (whether in contract, warranty, tort (including negligence, strict liability or other theory) arising out of or relating to the use of the Website exceed the amount received by us from you in the twelve (12) months prior to the date on which you first assert a claim.


Indemnification

You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any User or any other third-party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.


Force Majeure

We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.


Amendments

We reserve the right, in our sole discretion, to amend, modify or replace these Terms (“Amendments”) at any time. We will inform you of the Amendments via email or a prominent notice on the Website prior to the change coming into effect. The revised terms will be effective from the date of posting on the Website. Your continued use of the Website following the posting of the revised terms and notice of the Amendments constitute your acceptance of the Amendments and you agree to be bound by the revised Terms. If you do not agree to the revised Terms, in whole or in part, please stop using the Website. We advise you to review these Terms from time-to-time, as your continued use following Amendments will constitute your acceptance of the Amendments notwithstanding your failure to receive or read any notification of the same


Miscellaneous

These Terms shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the Province of British Columbia, Canada, in all disputes arising out of or relating to these Terms and the use of the Website. The Company’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by the Company of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. You agree that the Company is an independent service provider, and nothing contained in these Terms shall be regarded or construed as creating any relationship whether by way of partnership, joint venture, or agency, between you and the Company. You may not assign, license or otherwise transfer any of your rights or obligations under these Terms. These Terms shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. A person who is not a party to these Terms shall have no rights of enforcement. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms or how they are to be interpreted. Unless specified otherwise, any notices or other communications to Users permitted or required under these Terms, will be provided electronically and given by the Company via email, notification on the Website, or any other contact method we enable, and you provide. The Terms and Policies constitute the entire agreement relating to your use of the Website.


Contact

If you have any questions about these Terms, please contact us at contact@displayto.com.