Terms of Service
At Round and Yellow, our team works hard to provide a service via our website srbi.ca to help users find and share information about the Serbian community in Canada.
You can use srbi.ca to find photo, video and text-based information about the Serbian community in Canada, as well as other information, data and content created by srbi.ca, srbi.ca users or provided by third parties.
You can optionally create a srbi.ca account so that you can create, upload, and share content.
By using the srbi.ca Services, including but not limited to visiting the srbi.ca website, whether as a registered or unregistered user, you acknowledge that:
You are over 13 years of age. (This Service is not targeted towards children under the age of 13, nor do we knowingly collect information about children under the age of 13.)
You have read and agree to be bound by these Terms of Service.
If you do not agree to or are uncomfortable with these Terms of Service, please do not use the Service.
All rights reserved - Round And Yellow. For commercial use: you may not modify, copy, reproduce, republish, upload, post or distribute in any way any material from this site. For non-commercial use only: you may download and share material from this site for your personal use only, provided you keep intact all copyright and other proprietary notices. Any shared material from this site must include the source (srbi.ca) and the link to the page in question.
Using this service
We reserve the right to modify, restrict access to or terminate the Service or any features of the Service for any reason, without notice, at any time.
You understand that this is an online Service that requires data to be transferred to and from the srbi.ca servers and databases via your network connection in order to function.
You are responsible for any fees charged by your internet service provider or mobile carrier for using these Services, including, but not limited to data transfer fees.
You are responsible for ensuring that any networks you are using to access the srbi.ca Services are secure and will not hold srbi.ca responsible for any consequences of using the Service on an unsecure network.
srbi.ca reserves the right to charge for certain features of the Service. Should srbi.ca do so and should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Services in connection with such features.
You will not use the srbi.ca Service in a manner inconsistent with its intended uses, including but not limited to using srbi.ca as a generic image hosting service or to serve assets.
You hereby grant srbi.ca a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to srbi.ca relating to the operation of the Service.
By using the Service, you agree that srbi.ca shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
srbi.ca does not endorse and has no control over any User Generated Content. srbi.ca cannot guarantee the authenticity of any data which users may provide about themselves. srbi.ca has no obligation to monitor the Service, Content, or User Generated Content.
Under no circumstances will srbi.ca be liable in any way for any Content or User Generated Content, including, but not limited to, any errors or omissions in any Content or User Generated Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Generated Content posted, emailed, accessed, transmitted or otherwise made available via the Service. srbi.ca is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.
The Services may contain links to third party services or resources. When you access third party services, you do so at your own risk. These other services are not under srbi.ca’s control, and you acknowledge that srbi.ca is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services or resources. The inclusion of any such link does not imply endorsement by srbi.ca or any association with its operators. You further acknowledge and agree that srbi.ca 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While srbi.ca does not endorse and reserves the right to remove such Content, you acknowledge that you nonetheless may be exposed to such materials.
You may not use Content without written permission from srbi.ca or the original license holder. If srbi.ca grants permission to use any photos hosted on the Service, the following caption (or an agreed-upon alternative) must be placed directly adjacent to any such photos: "Photo by [srbi.ca User’s Display Name]. Used by permission from srbi.ca." Use of any srbi.ca images must not violate any of the terms and conditions found in our Terms of Service.
To contribute Your Content to srbi.ca or to access certain features of the Service, you must create an Account.
To create an Account, you may be required to provide Personal Information about yourself, including but not limited to your email address.
You are responsible for ensuring that any Personal Information you provide is accurate and up to date.
We are not responsible for ensuring that communications reach Your Account email address.
You are responsible for protecting Your Account from unauthorized access.
You will be held responsible for any activity that occurs under Your Account.
You will not impersonate, abuse, harass, threaten or intimidate other people from Your Account.
You will contribute accurate photos and information. Content that is inaccurate, offensive, indecent, inaccurate, objectionable, or otherwise inappropriate may be flagged and removed without notice.
You must own the rights to any Content you contribute. All content posted on the Service must comply with all applicable laws (including, without limitation, Canadian and U.S. copyright law). You represent and warrant that (i) You own or otherwise possess all rights to use Your Content; (ii) You have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information; (iii) You are authorized to grant all of the rights described in these Terms of Service; and (iv) the use of Your Content as contemplated by these Terms of Service will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. If you do not have the right to submit Content for such use, it may subject you to liability. srbi.ca will not be responsible or liable for any use of Your Content by srbi.ca in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
You will be held solely responsible and liable for Your Content and conduct on the srbi.ca Service.
Your Content may be publicly visible throughout the srbi.ca Service.
Your Content, including your public account information such as your display or screen name or profile picture, may be indexed by third party search engines, such as Google, which may not remove it immediately (or ever), even if it is removed from the srbi.ca Service.
Your Content may be modified or adapted (for example, photos may be cropped) in order to meet design and technical requirements of the Service or for any other reason.
You are responsible for retaining original copies of Your Content.
Because other srbi.ca users may have acted on Your Content (for example, commenting on a photo you uploaded), you may not be able to remove or edit Your Content once you’ve contributed it to srbi.ca. We have made reasonable efforts to enable you to delete Your Content and disable Your Account, which disassociates Your Content from Your Account, but we cannot guarantee complete removal.
Your Content always belongs to you. You retain copyright and any other rights you already hold in Your Content, but by uploading, posting, contributing, or otherwise providing Your Content to srbi.ca, you grant srbi.ca a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit Your Content in connection with the Service and srbi.ca’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party services).
For clarity, the foregoing license grant to srbi.ca does not affect your other ownership or license rights in Your Content, including the right to grant additional licenses to the material in Your Content, unless otherwise agreed in writing.
We will encourage any third parties to whom we sublicense Your Content to attribute you, in addition to srbi.ca, but you acknowledge that this may not always be possible depending on the context.
Removal of your account and your content
You may disable Your Account by contacting srbi.ca. If you disable Your Account, we will use commercially reasonable efforts to stop displaying any public Account information (such as your Display Name) throughout the Service. Disabling Your Account may anonymize Your Content but does not automatically remove it.
You may delete certain types of Your Content via the srbi.ca website, but because other srbi.ca users may have acted on Your Content (for example, commenting on a photo you uploaded), you may not be able to remove or edit Your Content entirely once you’ve contributed it to srbi.ca.
We reserve the right to monitor and review Your Account, Your Content and Your activity for compliance with these Terms of Service.
We reserve the right to remove or disable Your Account or Your Content for any reason, including, but not limited to, violation of Terms of Service, alleged infringement or verbal, physical, written or other abuse of a srbi.ca user, employee, member or officer. Doing so could immediately prevent you from accessing Your Account, Your Content or the Service.
We will do our best to communicate with you via Your Account email address prior to removal of Your Account or Your Content, but are not obligated to do so and cannot be responsible for failure to reach you via email.
We cannot guarantee access to Your Account or Your Content.
We have no obligation to retain or provide you with copies of Your Content. You are responsible for backing up and archiving Your Content.
We reserve the right to reclaim any screen name created by a srbi.ca user on behalf of businesses or individuals that hold legal claim or trademark on that screen name.
We also reserve the right to reclaim any screen name created by a srbi.ca user that has been inactive for 6 months or more. Your Account may be permanently disabled due to prolonged inactivity.
In the event of the termination of Your Account, all provisions of the Terms of Service, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Restriction on use
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. The Service (including, without limitation, any Content, or User Generated Content) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media Services which are linked to the Service);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of srbi.ca or any third party; or
impersonates any person or entity, including any employee or representative of srbi.ca.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by srbi.ca in its sole discretion) an unreasonable or disproportionately large load on srbi.ca’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures srbi.ca may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Services.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, provincial, national and international laws and regulations.
srbi.ca reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if srbi.ca is concerned that you may have violated the Terms of Service), or for no reason at all.
srbi.ca has no special relationship with or fiduciary duty to you. You acknowledge that srbi.ca has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release srbi.ca from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to third party services containing, information that some people may find offensive or inappropriate. srbi.ca makes no representations concerning any content contained in or accessed through the Services, and srbi.ca will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
You shall defend, indemnify, and hold harmless srbi.ca, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services, Service, Content or otherwise from your User Generated Content, (ii) your violation of the Terms of Service, or (iii) infringement by you, or any third party using Your Account, of any intellectual property or other right of any person or entity. srbi.ca reserves 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 srbi.ca in asserting any available defenses.
Limitation of liability
International and non-Ontario use
srbi.ca makes no representation that the Content is appropriate or available for use in locations outside of Ontario, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and severability
The Terms of Service are the entire agreement between you and srbi.ca with respect to the Service and use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and srbi.ca with respect to the Services. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
srbi.ca shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond srbi.ca’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with srbi.ca’s prior written consent. srbi.ca may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
srbi.ca reserves the right, at its sole discretion, to amend these Terms of Service from time to time. If we make material changes to these Terms of Service, we will notify you by delivering an announcement via our Service or Your Account email address. You are responsible for proactively checking for any changes. If you continue to use the Service after changes have been posted, you agree to be bound by the changes.