YOUR USE OF THE SERVICES IS SUBJECT TO THIS LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. BY USING THE SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH 9383000 CANADA INC. (“Licensor”, “we”, “us” or “our”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT LAUNCH OR USE THE SERVICE.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SERVCIES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THIS AGREEMENT. MAKE SURE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate this Agreement.
WE RESERVE THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT ON A GOING FORWARD BASIS AT ANY TIME AND IN OUR SOLE DISCRETION. If we make changes to this Agreement, we will provide notice of such changes as appropriate, such as providing notice through the Services and/or updating the “Last Updated” date at the top of this Agreement. Your continued use of the Services will confirm your acceptance of the revised Agreement. If you do not agree to the revised Agreement, you must stop using the Services. We encourage you to review the Agreement from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
2. Services Description
3. Your Use of Services
For the purposes of the preceding: “Objectionable Content” means content that infringes any applicable laws, regulations or third party rights, including intellectual property rights; and content which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous, misleading or deceptive; and “Virus” means a piece of code usually (but not necessarily) disguised as something else that causes some unexpected and, for the victim, usually undesirable, event and which is designed so that it may automatically spread to other computer users; the term ‘Virus’ will also be deemed to include worms, cancelbots, trojan horses, harmful contaminants (whether self-replicating or not) and nuisance causing or otherwise harmful applets.
5. Code of Conduct
(a) Compliance: You agree to abide by our code of conduct, as we may amend from time to time. In addition, you agree to:
(b) Remedy: We, at our sole discretion, may issue a warning or expel you from accessing or using the Services for violations of the Code of Conduct or Section 5(a).
6. User Content
7. Ownership and Confidentiality
8. Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND US, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (D) THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY US WILL CREATE A WARRANTY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT IN THE SERVICES OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless us and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Our Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of this Agreement or any other applicable terms, policies, warnings or instructions provided by us or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or feedback you provide.
10. Limitation of Liability
OUR PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS, LOST DATA OR FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF OUR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OUR PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CDN$100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
12. No Assignments
You may not assign or otherwise transfer any rights or obligations under this Agreement.
In the event that any provision (or any portion of a provision) of this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision (or portion of a provision) had never been contained herein in regards to that particular jurisdiction.
The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
15. Governing Law
This Agreement shall be governed by, and construed and enforced in accordance with, the laws in force in the Province of Alberta (excluding any conflict of laws rule or principle which might refer such construction to the laws of another jurisdiction). The Parties hereto agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
16. Term and Termination
In addition to our other rights of termination or suspension contained in this Agreement, we reserve the right to terminate this Agreement and your rights hereunder, including access and use of the Services if you violate or breach any provision of this Agreement or any other terms or policies referenced herein, including our code of conduct.