hamshack terms of use
Terms of Use
Users must review the hamshack.ca (the website) Terms of Use prior to using the website. By continuing to use the website, users agree to, and are subject to, all hamshack.ca Terms of Use.
1. Disclaimer
Hamshack.ca is NOT an information publisher; the website provides a platform for information distribution only, and therefore the website owner assumes no responsibility or liability for the information content posted on the website.
As such, all users of hamshack.ca expressly agree that use of the website is at your own risk. Further, the hamshack.ca website is provided to users “as is” and the website owner makes no warranty that the website: 1.1. will be available for continuous use; or 1.2. is secure and that website content is accurate or error free.
2. Buy and Sell Transactions
All buy and sell transactions exclude the owner of the website and are executed solely between the users of the website which includes both sellers and purchasers, who participate in the buying and selling of ham radio related items. It is highly recommended that buyers and sellers exercise caution and due diligence when buying and selling all items on hamshack.ca.
3. User Account Verification
Canadian amateur radio operators applying for an account on hamshack.ca are subject to a verification process. During this process, user-provided information, including users’ callsign and associated details, are cross-referenced with the Spectrum Management and QRZ.com Callsign databases to validate the provided data. While reasonable efforts are made to verify user information, it is important to note that this verification process, including phone calls to users, may not completely eliminate the possibility of misrepresentation by individuals requesting an account.
Therefore, hamshack.ca and its owner do not assume liability or responsibility for any user who may fraudulently claim to be an amateur radio operator, provide inaccurate information during the registration process, and subsequently engage in fraudulent activities on hamshack.ca, such as posting items for sale, accepting payments, and failing to deliver the promised items, which may result in financial losses or harm to other users or third parties.
4. Limitation of Liability
In no event shall the website owner, or representative/s be held liable for anything arising out of or in any way connected with your use of the Website.
5. Indemnification
You hereby indemnify the website owner, or representative/s to the fullest extent from and against any and/or all liabilities, losses, costs, demands, causes of action, damages and expenses arising in any way related to your use of the website and or breach of any of the provisions of these Terms of Use.
6. No Content Use Without Consent
All content on hamshack.ca, including but not limited to text, images, graphics, videos, and any other material, is protected by Canadian copyright law under the Copyright Act (R.S.C., 1985, c. C-42). The unauthorized reproduction, distribution, transmission, public display, or creation of derivative works from any content on hamshack.ca is strictly prohibited without the express written consent of the website owner.
6.1 Applicable Canadian Copyright Law
6.1.1. Ownership and Rights: The owner of hamshack.ca retains all rights, including copyright, to the content provided on the website. Under Canadian copyright law, these rights include, but are not limited to, the exclusive right to reproduce the content, prepare derivative works, distribute copies, perform, and display the content publicly.
6.1.2. User-Generated Content: By posting content on hamshack.ca, users grant the website owner a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Users retain ownership of their own content, but grant these rights to the website owner to enable the operation and promotion of the website.
6.1.3. Protection: The content on hamshack.ca is automatically protected by copyright as soon as it is created and fixed in a tangible form. This protection grants the owner of hamshack.ca the exclusive right to control how the content is used and to prevent unauthorized use by others.
6.1.4. Permissions and Licensing: Users may request permission to use the content on hamshack.ca by contacting the website owner. If granted, such permission will be provided in writing and may be subject to terms and conditions set forth by the website owner. Any use of the content without such express written consent is a violation of Canadian copyright law.
6.1.5. Legal Remedies: In the event of unauthorized use of hamshack.ca content, the website owner reserves the right to pursue all legal remedies available under Canadian law. This may include seeking injunctive relief, damages for lost revenue, statutory damages, and the recovery of legal fees and costs.
6.1.6. User Responsibilities: By accessing and using hamshack.ca, users agree to respect the intellectual property rights of the website owner and other users. Users must not engage in any activity that infringes upon these rights, including but not limited to copying, distributing, or modifying content without authorization.
6.1.7. Prohibition of Automated Programs: The use of automated programs, scripts, bots, scraping tools, or any other methods of automated access to extract content from hamshack.ca, including but not limited to the use of RSS feeds, XML services, or similar mechanisms, is strictly prohibited without the express written consent of the website owner. Any unauthorized use of such automated methods is a violation of these Terms of Use and Canadian copyright law.
7. Listing Content
hamshack.ca buy and sell listings are not regulated and users have ‘artistic license’ when creating a listing. However, the website owner and/or representatives reserve the right to delete any listing that contains profanity, racial slurs, or other inappropriate content as determined by the website owner or their representatives. As such, users agree to indemnify and hold harmless the website owner from any and all claims, damages, and expenses arising out of or in any way connected with the removal of a listing on the hamshack.ca website deemed inappropriate by the website owner.
Users listing buy and sell items on the website must hold a valid Canadian Amateur Radio Operators’ Licence and enter their Canadian Amateur Radio Callsign in the [Callsign Field] when creating a new item listing. Note that exceptions may be made for commercial vendors who may periodically list items for sale on the website.
8. Commercial Use and Advertising
Hamshack.ca is primarily for non-commercial use. However, businesses who sell amateur radio, electronics, and communications items are welcome to post items on the site. Please contact VE7DXE using the Contact Form if you’re a commercial seller interested in selling items on the site. Commercial sellers may also be interested in advertising opportunities on hamshack.ca.
9. Club Listings
The Club Listing section on Hamshack.ca serves as a platform for Canadian amateur radio clubs to be featured. This service is provided for the purpose of offering information to individuals seeking knowledge on amateur radio organizations. Please note that this information is provided “as is” and the website owner and/or representatives do not endorse, recommend, or imply the reputation, appropriateness, or credibility of any of the amateur radio clubs or their activities; and are indemnified as set out in Sections 2, 3, 4, and 5 of the website’s Terms of Use.
10. Vendor Directory
A Vendor’s Directory is provided on hamshack.ca which is intended to be a useful resource for website users to locate vendors who provide amateur radio and related products and services. Some of these vendors may choose to advertise on hamshack.ca. Money generated from this advertising is used to pay the costs for operating hamshack.ca. Please note that the website owner and/or representatives do not endorse, recommend, or imply the quality, suitability, or worthiness of any products or services offered by the vendors listed on the website; and are indemnified as outlined in Sections 2, 3, 4, and 5 of the website’s Terms of Use.
11. Affiliate Links
Hamshack users may see affiliate links to products and services relevant to site content. Affiliate links are special URLs provided by companies that allow them to track clicks and sales made through these links. If a user clicks on an affiliate link and makes a purchase, Hamshack.ca may earn a commission. Any revenue generated from affiliate links is used to pay for the cost of running the site and to add new features to enhance user experience. Although hamshack.ca attempts to review and filter affiliate content to ensure relevance and usefulness to our audience, please note that hamshack.ca does not endorse or guarantee the quality, suitability, or worthiness of any products or services offered through affiliate links. Additionally, hamshack.ca is not responsible for the content or practices of third-party websites linked through these advertisements and as such hamshack.ca is indemnified as outlined in Sections 2, 3, 4, and 5 of the hamshack.ca Terms of Use.
12. Paid Advertising
Paid Advertising on Hamshack may include banners and logos from vendors that offer products and services related to ham radio and communications. Revenue generated from paid advertising is used to help offset the cost of operating the site and to add new features to enhance user experience. Please note that hamshack.ca does not endorse or guarantee the quality, suitability, or worthiness of any products or services offered through paid advertising. Additionally, hamshack.ca is not responsible for the content or practices of third-party websites linked through these advertisements and as such hamshack.ca is indemnified as outlined in Sections 2, 3, 4, and 6 of the hamshack.ca Terms of Use.
13. Posting Information on the Hamshack Connect Forum
13.1. Account Requirement for Posting: Users must be logged into their hamshack.ca account to post Seller Ratings and Scam Reports, to ensure accountability and traceability of the content shared within the Hamshack Connect Forum.
13.2. User Responsibility: Users are responsible for the content of their Seller Ratings and Scam Reports. All contributions must be based on factual, personal experience and expressed in a manner that can be substantiated. Users must avoid making unfounded claims and respect the reputation and privacy of others.
13.3. Privacy and Personal Information: Users must not post personal information about sellers or any other individuals, except for information that is already publicly available through hamshack.ca, the Government of Canada Callsign database, or other online forums. Posting additional personal information may constitute a violation of the Privacy Act and/or applicable jurisdictional information and privacy laws.
13.4. Opinions Expressed: The Seller Ratings, Scam Reports, and any other information posted on the Hamshack Connect Forum are solely those of the individual users and do not reflect the views of the website owner or representatives. The accuracy of these opinions and comments is not verified by the website owner or representatives, who assume no responsibility for this information posted.
13.5. No Endorsement: The website owner and/or representatives do not endorse any content posted by users, and the presence of such content on the website does not imply support or confirmation of the opinions expressed therein.
13.6. Content Moderation: The website owner and/or representatives reserve the right to monitor, edit, or remove any content that is in violation of these Terms of Use, or is otherwise deemed inappropriate, which may include but not be limited to: 13.6.1. Hate Speech: Any content that promotes hatred, discrimination, or violence against individuals or groups based on factors such as race, ethnicity, religion, gender, sexual orientation, or disability. 13.6.2. Harassment: Personal attacks, threats, or bullying directed at other users. This includes offensive comments, name-calling, or stalking behavior. 13.6.3. Spam: Unsolicited or irrelevant content, such as repetitive advertisements, promotional materials, or off-topic posts that do not contribute to the discussion. 13.6.4. Illegal Activities: Content that promotes or discusses illegal activities, such as hacking, copyright infringement, or the sale of illegal goods. 13.6.5. Adult Content: Any sexually explicit, pornographic, or explicit content that is not suitable for all audiences. 13.6.6. False Information: Spreading false or misleading information that could harm individuals, or the reputation of the Hamshack Connect Forum. 13.6.7. Trolling: Deliberately provoking or inciting others by posting inflammatory, off-topic, or disruptive comments. 13.6.8. Violations of Forum Guidelines: Content that violates the Hamshack Connect Terms of Use. 13.6.9. Offensive Language: Using offensive or vulgar language that is not in line with the Hamshack Connect Forum standards of respect and decorum.
14. Liability and Indemnification
Users who contribute content to the Hamshack Connect Forum are required to acknowledge and adhere to the hamshack.ca Terms of Use. When posting Seller Ratings, Scam Reports, or any other user-generated content within the Forum, users must take sole responsibility for their contributions. It is the user’s responsibility to ensure that their posts do not violate the rights of others and are in full compliance with all relevant information and privacy laws.
Engaging with the Hamshack Connect Forum constitutes a user’s informed consent and agreement to assume all legal responsibility for the content they publish. Users must understand that they are the exclusive bearers of liability for their posts. Consistent with Sections 2, 3, 4, and 6 of hamshack.ca’s Terms of Use, users are obligated to indemnify and hold harmless hamshack.ca, its owners, and its representatives against any claims, liabilities, or damages that may result from the user-generated content they post. This indemnity applies to all forms of content shared by users on the Forum, protecting the website owner and/or representatives from all legal recourse stemming from such user contributions.
15. Proprietary Educational Content
The Question Specific Learning (QSL) method, including all associated educational content, methodologies, techniques, materials, and any other resources developed and provided by hamshack.ca for delivering amateur radio and other online courses, are proprietary and protected under copyright law. This intellectual property is the exclusive property of hamshack.ca and its owner and is covered by copyright to ensure its protection and to maintain the integrity and quality of the educational experience offered to users.
15.1. Authorized Use of Educational Material: Users are granted a limited, non-exclusive, non-transferable license to access and use QSL courses and associated educational materials for personal, non-commercial educational purposes only. This license is subject to compliance with these Terms of Use and does not extend to any other use of the site’s content or services. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the QSL course content on this site is strictly prohibited without the express written consent of website owner.
15.2. Restrictions on Use: Users are prohibited from using the QSL course material and any other educational materials provided by hamshack.ca for commercial purposes, including offering training services, without obtaining a prior written agreement from the website’s owner. This includes the prohibition of reproducing, selling, or exploiting any course material for any commercial purposes.
15.3. Modification of Course Content: The website owner reserves the right to modify, update, or discontinue any aspect of its educational content or the QSL method at any time without notice. This includes changes to course material, availability, and access restrictions to ensure the content remains current and relevant.
15.4. Acknowledgment of Proprietary Rights: By accessing the QSL courses, users acknowledge and agree that the educational content provided is proprietary to hamshack.ca and protected under copyright law. Users further agree to respect the intellectual property rights of hamshack.ca and refrain from any unauthorized use, reproduction, or distribution of the course materials.
15.5. Intellectual Property Protection of QSL Course Material: All educational content, including but not limited to, course materials, instructional methods, graphical representations, texts, audio and video content, and any other related materials provided as part of the Question Specific Learning (QSL) courses, are the exclusive property of the website owner. This content is protected by copyright and other intellectual property laws. The QSL methodology, its application, and all derivative works are hereby acknowledged as the proprietary intellectual property of the website owner.
16. Disclosure Statement
As an Amazon Associate I earn from qualifying purchases. In accordance with Amazon’s operating agreement, I am required to disclose that as an Amazon Associate, I earn from qualifying purchases. This means that when you click on links to various merchants on this site and make a purchase, this can result in a commission that is credited to this site.
Please note that I only recommend products and services that I believe will add value to my readers. The views and opinions expressed on this website are purely my own.
Except for the disclosure required by the Amazon Associates Program, and other than as required by applicable law, I will not make any public communication with respect to this Agreement or my participation in the Associates Program without Amazon’s advance written permission. I will not misrepresent or embellish my relationship with Amazon (including by expressing or implying that Amazon supports, sponsors, or endorses me), nor will I express or imply any affiliation between Amazon and myself or any other person or entity except as expressly permitted by this Agreement.
If you have any questions regarding this disclosure, please feel free to contact me at ve7dxe@hamshack.ca
17. Update to Terms of Use
The Terms of Use may be updated or revised by the website owner at any time without notice. It is the responsibility of the user to review the Terms of Use periodically to ensure compliance with the latest version. Continued use of hamshack.ca after any updates or revisions to the Terms of Use constitutes acceptance of the updated or revised terms.