OpenBlvd Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. 

Welcome to OpenBlvd. This website is operated by OpenBlvd, a subsidiary of Studeo Realty Marketing Inc., and our affiliates (“OpenBlvd” or “we”, “us” or “our”). This “website” means the whole or any part of the web pages located at https://openblvd.com/  directed to and includes the layout of this website; individual elements of this website’s design; underlying code elements of the website; text, sounds, graphics, animated elements and any other content of this website.

By accessing, browsing, using or signing up for services through the website of OpenBlvd you confirm your acceptance of the following terms and conditions (the “Terms”) and OpenBlvd’s Privacy Policy (available at: https://openblvd.com/privacy-policy). This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices. reserve the right to change the terms, conditions, and notices under which this website is offered without prior notice at any time.

IF YOU DO NOT AGREE TO THESE TERMS OR OPENBLVD’S PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

We reserve the right to modify the above Terms at any time without notice. The date of the most recent update is noted at the bottom of this page.

Use of Website

This website may be accessed and used only by individuals who can form legally binding contracts under applicable laws, and who are not barred from using the website under applicable laws, or have otherwise obtained appropriate consent to do so from their guardian.

You agree that you will be personally responsible for your use of this website and for all of your communication and activity on and pursuant to this website. You agree that you will use this website responsibly and in compliance with all applicable laws and these Terms. 

You agree that you will not hack into this website or employ any robot, spider or other device or process to use this website for unauthorized purposes. You further agree that you will not take any action or do anything which imposes an unreasonable burden on or interferes with the website or others use of the website. OpenBlvd reserves the right to take any legal action if OpenBlvd believes that user conduct violates these Terms, applicable law or is harmful to the interests of OpenBlvd, including, but not limited to, refusing service at its discretion or terminating your access to the website on a temporary or permanent basis. OpenBlvd will not be liable to you or any third party as a result of such termination or modification. The terms and conditions provided in these Terms will survive any such termination or modification.

Using OpenBlvd’s website, you agree to hold sole responsibility for all activities on your device. OpenBlvd is not responsible in any way for any losses caused by unauthorized access to your device(s).

In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we at any time and without notice or liability to you may terminate or restrict your access to any component of this website. In the event of such termination or restriction, these Terms shall continue to apply and be binding upon you with respect of your prior use of the website and of the information contained therein.

Registration

You shall represent yourself and yourself only when creating an account with OpenBlvd, and not impersonate another person while using our website or services.  Where applicable, you must pay the upfront fees.  It is your sole responsibility to keep your username and password (where applicable) secure, as well as ensure no access of third parties to your data.  It is your full responsibility for any and all activities that occur on your account. 

You agree not to use the website or our service in any manner that (a) violates any applicable law, (b) threatens, stalks, harasses, abuses, defames, slanders, or in any other way harms another person, (c) collects or stores personal data about other users without their consent, (d) infringes on the intellectual property rights of any third party, (e) is vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive, (f) promotes sexually explicit or pornographic material or discrimination based on any ground, (g) constitutes unsolicited or unauthorized advertising, junk, or bulk email, chain letters, or any other unsolicited communication, or (g) transmits any material or communications that contain a petition for signatures, chain letters, or letters relating to a pyramid scheme.

Intellectual Property Rights

(a) Our Content

All content, information, data, database content, photographs, images, graphics, videos, software, trademarks, copyrights, logos, designs, publicity slogans, source code, inventions, knowhow, and/or other OpenBlvd material protected by copyright, patent and other applicable intellectual property laws appearing on this website (the “Content”) are the exclusive property of OpenBlvd or the property of third parties who granted permission to use such Content on this website, or both. 

Any trademarks, service marks, trade names, logos, or functionalities displayed through the Services are registered and/or unregistered trademarks or service marks of OpenBlvd or the property of third parties. Nothing in these terms or as part of the website and our services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks or service marks contained herein without the prior written approval of OpenBlvd.

Unless prior written authorization has been given by OpenBlvd, all Content included on this website regarding products and services offered by OpenBlvd is provided for informational and promotional purposes only.

You are not authorized to modify, reproduce, re-edit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without prior written consent from OpenBlvd. However, you may download, print or reproduce the Content for personal use and/or in other circumstances permitted by law, provided that you keep all copyright notices or other legal notices it may contain. 

You agree that you will not do or allow any third party to do anything which may infringe, damage or endanger OpenBlvd’s intellectual property rights or the intellectual property rights of a third party in respect of this website.

Nothing contained on this website should be construed as granting any license or right of use of any other person’s or entity’s trade mark which is displayed on this website without their express permission.

All unauthorized use of the Content will be considered as a violation of the intellectual property rights of OpenBlvd.

(b) User Content

“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through our websites or that you publish or share with other users or recipients any through any social media account (e.g., Twitter, Instagram, Pinterest, Facebook) to OpenBlvd or that you allow OpenBlvd to feature, including your name (as identified in your social publications), social media handle, accompanying text, photos and images. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below). Other than User Information (defined below), which is subject to our Privacy Policy (available at: https://openblvd.com/privacy-policy), User Content is considered non-confidential and non-proprietary. Personal information that you voluntarily post on any part of this website or on social media that is viewable by the public (e.g., in the customer reviews) is not subject to our Privacy Policy and is considered User Content. Further, we are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit.

We and our respective affiliates and our or their designees may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, advertising, promotion and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Content. We will have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the User Content submitted by you, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable. You agree that that all User Content submitted by you is truthful, that it will not violate or facilitate the violation of any law or regulation, that you have obtained the consent of anyone (other than yourself) appearing in any User Content, that any User Content submitted by you will not contain, or provide links to, obscene, profane, or threatening language or imagery, malware, political campaigning, commercial solicitation, chain letters, mass mailings, “spam”, or any other material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and that such User Content will not infringe on or violate the rights of any person or entity, including copyright, trademark, patent, privacy or publicity rights.

By making any User Content available through the website, products and services you hereby grant to OpenBlvd a non-exclusive, transferable, worldwide, fully-paid, irrevocable, perpetual, unrestricted, royalty-free license, with the right to sublicense, to use, copy, transmit , adapt, translate, modify, sell, distribute, create derivative works based upon, publicly display, and publicly perform your User Content, in whole or in part, in connection with the website, products and services and OpenBlvd’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the website, products and services (and derivative works thereof) in any media formats and through any media or social channels (whether now known or hereafter devised), even if these Terms are later modified or terminated, without any compensation to you. You understand that OpenBlvd is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.

You understand that your content, including User Content (but not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. [Credit card information is always encrypted during transfer over networks.]

Except where prohibited by law, by submitting or uploading User Content through the website, products and services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint OpenBlvd as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by OpenBlvd on or through the website, products and services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(c) OpenBlvd-Tagged Media

The website includes all of OpenBlvd’s social media pages and accounts, including, without limitation, on Facebook, Twitter, Instagram, TikTok, Snapchat, which extracts content from our users and customers who share content, photos and videos using OpenBlvd’s brand hashtags or tagging the OpenBlvd’s social media accounts (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in OpenBlvd’s marketing, advertising, business development, and social media channels, website or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the website, products and services and similar promotional purposes, including after you terminate your Account or your use of the website, products and services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

(d) DMCA/Copyright Policy

OpenBlvd respects copyright law and expects its users to do the same. It is OpenBlvd’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

User Information and privacy

In the course of your use of the website or for us to provide you with OpenBlvd services and products, you may be asked to provide certain personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the website’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

No Commercial Use

This website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

Feedback

We welcome feedback, comments, reviews of the website, products or services you purchase through us, and suggestions for improvements to our website, products or services (“Feedback”). You can submit Feedback by emailing us at termsofuse@openblvd.com, through our website (including via the live chat functions) or by reviewing a particular product or service. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Links to Other Websites

Links from or to websites outside the website are meant for convenience only. OpenBlvd does not review, endorse, approve or control, and is not responsible for any websites linked from or to the website, the content of those websites, the third parties named therein, or their products and services referred to on such linked sites and assumes no responsibility for the content, security or privacy practices of any other website. OpenBlvd makes no representations or warranties regarding the accuracy or any other aspect of the content located on such websites. Your use of any link to an outside website is entirely at your own risk. Therefore, OpenBlvd cannot be held responsible for the information contained on such websites and does not offer any guarantee or make any declaration in this regard.  Upon entering these other websites, you are encouraged to review and understand the terms and conditions governing their use. 

Links on this website, particularly those to other OpenBlvd websites, may lead you to content on products and services that are not available in your jurisdiction. The existence of a link on this website is not to be taken as implying that such products and services are, or will be made, available in your jurisdiction.

No endorsement or approval of any third parties or their advice, opinions, content, products or services is expressed or implied by any Content or links to websites.

No part of this website may be linked to without prior written consent from OpenBlvd.

Website Availability 

From time to time and without prior notice to you, OpenBlvd may cease to continue operating part or all of the website or selectively disable certain aspects or portions of the website. Any modification to or elimination of the website will be done in our sole and absolute discretion and without any obligation or liability to you, and your use of the website does not entitle you to the continued provision or availability of the website.

Change to services

We may change our services offering or introduce new features any time, through our website or elsewhere, and we shall not be deemed liable for the modifications, including discontinuing services offered prior through our website or anywhere else.

Security

OpenBlvd takes reasonable steps to ensure the security of its systems. However, there are inherent risks associated with the use of electronic means of communication. Therefore, OpenBlvd discourages the use of its website to submit sensitive personal or business information. The possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. OpenBlvd accepts no liability that may arise if any other persons obtain the information you submit to this website.

Sale of OpenBlvd Products and Services

OpenBlvd reserves the right to cease production of any products and services offered on this website or to modify any specification related to these products and services without notice and without incurring any liability.

Disclaimer

Your use of the website is at your own risk. While OpenBlvd endeavours to ensure that the information on the website is correct, OpenBlvd is under no obligation to do so. Neither OpenBlvd nor any of its respective affiliates or suppliers warrant the accuracy, timeliness or completeness of the information, materials or services provided on or through this website. The information, materials and services provided on or through this web site may be out of date, and neither OpenBlvd nor any of its respective affiliates nor suppliers makes any commitment or assumes any duty to update such information, materials or services. OpenBlvd has no liability for any loss of, or errors or omissions, whether provided by OpenBlvd, our licensors or suppliers or other users. OpenBlvd may make changes to the website at any time without notice. 

The website is provided by OpenBlvd in good faith on an “as is” and “as available” basis for general information purposes website users agree to bear all risks associated with their use of the website, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the website. 

OpenBlvd makes no representations about the suitability, reliability, timeliness, comprehensiveness or accuracy of the information, services and other content contained on this website. You are solely responsible for the use and/or the interpretation of all the Content of this website.

OpenBlvd may, in its sole discretion and at any time without notice, restrict, suspend or cancel access to or use of the website, for all or any one or number of users. Furthermore, OpenBlvd does not guarantee that the Content of this website will be uninterrupted, up-to-date or error-free, and will not be held responsible for any damage resulting from any virus, worm or other destructive or invasive computer program. OpenBlvd does not warrant that any security defects, vulnerabilities or errors on the website will be identified or remedied.

OpenBlvd will not be liable for any interference with or damage to your computer systems that may occur in connection with use of this website or a linked website, or for any data lost or any equipment or software damaged or replaced by you as a result of you using this website. You must take your own precautions to ensure that your use of this website is free of viruses or other malicious content that may interfere with or damage the operations of your computer systems.

OpenBlvd is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

To the maximum extent permitted by law, you agree that you will not seek to hold OpenBlvd and its affiliates liable: 

• directly or indirectly in contract, tort, equity or otherwise for any damage (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or other remedy whatsoever in connection with this website; and
• to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from this website.

If you are dissatisfied with the websites or any of our services provided thereunder, your sole and exclusive remedy is to discontinue use of the website. The aggregate liability of OpenBlvd to you for all claims arising from or related to the website and services provided thereunder is limited to one hundred (100) Canadian dollars. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnity 

By accessing and browsing this website, you accept that you will indemnify and hold OpenBlvd and its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless against all liabilities, damages, losses, actions, costs, legal fees, claims, demands and causes of action whatsoever at law, in equity or under statute, that OpenBlvd may suffer or incur as a result of: (a) your access to and use of this website; (b) from any other alleged violation of the present Terms; (c) and infringement by you, or any third party using your account, computer, mobile phone, table or any such device, of any intellectual property or other right of any person or entity.

OpenBlvd reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of OpenBlvd. OpenBlvd will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OpenBlvd as a result of these Terms, our Privacy Policy or any use of the website. 

OpenBlvd’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms or our Privacy Policy is in derogation of OpenBlvd’s right to comply with law enforcement requests or requirements relating to your use of the website or information provided to or gathered by OpenBlvd with respect to such use.

Applicable Laws

These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable within Ontario without regard to conflict of law provisions. The Ontario Superior Court of Justice will have exclusive jurisdiction to resolve any disputes relating to these Terms. 

Termination

We may terminate your access to and use of the website and related services at our sole discretion, at any time and without notice to you. If OpenBlvd determines, in its sole discretion, that you are in violation of any provision of these Terms, OpenBlvd may suspend or terminate your use or access to the OpenBlvd website and/or your account without the notice to you. At all times, OpenBlvd shall have the discretion to take such action as OpenBlvd deems necessary, in its sole discretion, to preclude a violation, and OpenBlvd shall not be liable for any damages of any nature suffered by you or a third party resulting from OpenBlvd’s exercise of its rights under these Terms. You may disable access to your account at any time by sending an email to us at termsofuse@openblvd.com. Upon any termination, discontinuation or cancellation of services or your Account, the following sections will survive: d Intellectual Property Rights, Feedback, No Commercial Use, Disclaimer, Limitation of Liability, Indemnity, Applicable Laws, and General Terms.

General Terms

The Terms constitute the entire agreement between OpenBlvd and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between OpenBlvd or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. OpenBlvd’s failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right.

Contact Us

If you have any questions or concerns about these Terms, you can contact us in writing at: 

Address: OpenBlvd, 304-1033 Bay St, Toronto ON, M5S 3A5. 

Email: termsofuse@openblvd.com 

Please note that we may need to confirm your identity or request additional details in order to process your request.

Last Updated: June 1, 2020