SIXENT
TERMS OF SERVICE
Date of last revision: December 17, 2007
1. ACKNOWLEDGEMENT AND
ACCEPTANCE OF TERMS OF SERVICE
Welcome to Sixent, a social networking site. The Sixent services and network
(collectively, “Sixent”) are operated by Ramius Corporation and its corporate
affiliates (collectively, “us”, “we”, or the “Company”). By accessing or using Sixent at www.sixent.com, or any version derived or
originating thereof (together, the “Service”), or by posting a link or button
to any of the Services on your site or page, you (collectively “you”, “your”, or
the “User”) agree that you have read, understand, and agree to be bound by
these Terms of Service (“Terms of Service” or “Agreement”), whether or not you
are a registered member of Sixent. We
reserve the right, at our sole discretion and without notice to you, to change,
modify, add or delete portions of these Terms of Service at any time. If revised in any way, the revised Terms of Service
will be posted, with a date at the top of the page indicating when these Terms
of Service were last revised. Your
continued use of the Service after any such revisions to the Terms of Service constitutes
your acceptance of these new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE
CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
RESPONSIBILITIES, AND OBLIGATIONS. THESE
INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
SHOULD YOU NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOUR ONLY
REMEDY IS TO IMMEDIATELY DISCONTINUE USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO BE BOUND
BY THESE TERMS OF SERVICE, AND TO REGULARLY REVIEW THESE TERMS OF SERVICE TO
ENSURE THAT YOU ARE INFORMED OF ANY REVISIONS TO THEM. YOU FURTHER AGREE THAT THESE TERMS OF SERVICE
FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY, AND THAT THIS
AGREEMENT CONSTITUTES “A WRITING SIGNED BY YOU” UNDER ANY APPLICABLE LAW OR
REGULATION. ANY RIGHTS NOT EXPRESSLY
GRANTED HEREIN ARE RESERVED BY THE COMPANY.
2. ELIGIBILITY
The Service is only intended for users who are
at least thirteen (13) years of age or older, or any such older minimum age
which is required in the jurisdiction in which you reside. Anyone accessing, registering or using the
Service who is under the age of 13 is completely unauthorized, unlicensed and
in violation of these Terms of Service.
By using the Service, you represent and warrant that you are 13 years of
age or older at the time of your access, registration or use of the Service,
and you agree to be bound and abide by all the terms and conditions of this
Agreement. Membership in the Service is
void where prohibited by the terms of this Agreement or by law.
It is your sole responsibility to determine if your membership in, or use of,
the Service complies with the law in your jurisdiction. We specifically deny any liability to you or
to any third party if your membership in, or use of, the Service violates the
law in the jurisdiction in which you reside.
3. REPRESENTATIONS OF
SUBSCRIBING MEMBER
By registering and accepting these Terms of Service, you hereby
represent, warrant and covenant to the Company that: (a) you have the legal
capacity to subscribe and accept the Terms of Service as well as be bound by
its content; (b) you are at least 18 (eighteen) years of age, or you are at least 13 (thirteen) years of
age and have parental permission to establish subscription, become a User and
be bound by the Terms of Service, or you are such other minimum
age which is required in the jurisdiction in which you reside and have parental
permission to establish subscription, become a User and be bound by the Terms
of Service; (c) you are legally entitled use the Service in the jurisdiction in
which you reside; and (d) you agree to regularly review these Terms of Service and, in the event
of any change in the Terms of Service, you agree
to continue to be bound by the new Terms of Service or else immediately discontinue
the use of the Service.
4. SERVICE PROVIDED
In order to use the Service, you must obtain access to the World Wide Web
and either have access to, or provide all equipment necessary to make such
connection to the Web including a computer, modem or other access device. Users may only access the Service through the
online interface provided by the Company, generally accessible worldwide. However, access may not be available to all
Users in all locations and the Company reserves the right to limit access to
the Service by any User. While limited
free support is provided, you acknowledge and understand that the Company is
not required to provide any free assistance, including any technical or
customer support, in connection with the Service and that your use of the
Service is entirely at your own risk.
5. USER REGISTRATION,
PASSWORDS, AND SECURITY
In consideration of your use of the Service, you
agree to: a) provide true, accurate, current and complete information about you
as may be prompted by any registration forms in the Service (“Registration
Information”); b) maintain at all times, profile information which is true,
accurate, current and complete by making changes, additions, or deletions to
your User profile information as required; c) maintain the security of your
password and personal identification at all times; and d) be fully responsible
for the full use of your account and for any actions that take place using your
account.
If any
information provided as part of the Registration Information is not true,
accurate, current or complete, or the Company has reasonable grounds to suspect
that your Registration Information is untrue, inaccurate, not current, or
incomplete, then the Company shall have the right to suspend or terminate your
right to use the Service and refuse to provide any current or future Service to
you.
You
agree to notify the Company immediately if you believe that the security of
your password has been compromised. You acknowledge that the Company does not
protect any User from the unauthorized use of his/her/its account and/or
password and the Company shall not be held liable for any loss that a User may
incur as a result of someone else using their password or account, either with
or without the User’s knowledge.
You acknowledge that the Company reserves the right
to refuse to grant you a user name: (a) that is already in use, (b) that may be
illegal, (c) that may be protected by trade-mark or other proprietary interest,
(d) that is determined by the Company, in its sole discretion, to be obscene or
profane, (e) that was registered without the intent to use, (f) that was registered
with the intent of impersonating another party, (g) that is otherwise
determined by the Company, in its sole discretion, to be inappropriate.
The User will notify the Company immediately of any known or suspected
unauthorized use, activities or disclosure of the Service, or any other breach
of security. In addition to the general
terms of Indemnification found in section 20 of this Agreement, as well as the
Limitation of Liabililty terms found in section 22 of
this Agreement, the Company states specifically that it will not be liable for
any failure by any User to comply with the provisions of this section 5 of the
Terms of Service.
6. CONTENT AND RIGHTS IN CONTENT
The Service provided to you includes the capability
of creating one or multiple profiles, as well as the ability to create, manage,
and/or participate in one or more communities.
It also provides to you the capability of communication, promotion and
exchange of information and ideas amongst the Users of the Service in respect
of information, data, text, notes, messages, listings, files, photographs, designs,
graphics, applications, software, sounds, videos, music, hyperlinks, profiles
(including your name, image, and likeness), or any other materials submitted to
the Service (herein collectively referred to as the "Content"). All Content is the proprietary property of its
Users, or its licensors, with all rights reserved. By submitting Content for inclusion on the
Service, you warrant and represent that you have the right to grant to the
Company an irrevocable, perpetual, non-exclusive, transferrable, fully paid
royalty free, worldwide license to copy, display, distribute, sublicense,
reproduce, reformat, translate, modify, adapt and publish your Content solely
for the purpose of posting, displaying, distributing, and storing the Content
on the Service. You also grant the
Company the right to authorize the downloading, copying, and/or printing, in
whole or in part, any Content that you have submitted to the Service by other
Users for their personal/non-commercial use.
You may remove your Content from the Service at any time. If you do remove your Content, the above
associated license will automatically expire; however, you acknowledge and
authorize the Company to retain archived copies of your Content.
Please be aware that certain communities may contain
mature Content, which is unsuitable to minors.
Users must be at least 18 years of age to access and view such areas. In addition
to the general terms of Indemnification found in section 20 of this Agreement
as well as the Limitation of Liability terms found in section 22 of this
Agreement, the Company states specifically that it will not be liable for any
unauthorized access to mature Content.
You are solely responsible for the Content that you
upload, publish, or display on or through the Service, or that you transmit to,
or share with, other Users. You may not
post, transmit, or share Content on the Service that you did not create or that
you do not have permission to post. The
Company does not claim ownership of any Content provided by the Users of the
Service. You retain full ownership of
all your Content and any intellectual property or other rights associated with
your Content.
7. LIMITED LICENSE
Provided that you are eligible to use the Service,
you are granted a limited use, revocable, non-exclusive license to access and
use the Service. Such license is subject
to these Terms of Service and does not include use of any data mining, robots
or similar data gathering or extraction methods. Any use of the Service other
than as specifically authorized herein, without the prior written permission of
the Company, is strictly prohibited and will terminate the license granted
herein immediately. Nothing in these Terms of Service shall be construed as
conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is
revocable at any time without notice and with or without cause at the sole
discretion of the Company.
8. TRADEMARKS
Sixent, Ramius,
and other Company names, logos, graphics, designs, page headers, buttons,
icons, and scripts are the registered and/or unregistered trademarks or the
Company and/or third parties in Canada and/or the United States. No rights are conferred upon you, either
expressly or by implication, to use the trademarks. The Company’s trademarks, and the trademarks
of third parties, may not be copied, imitated, or used in any manner, in whole
or in part, in connection with any product or service without the express prior
written permission of the Company or respective third party.
9. USER CONDUCT
You understand that, except for
any advertising programs offered by the Company within the Services, the
Services are available for your personal, non-commercial use only. You represent, warrant, and agree that: a) you
own any Content posted by you to the Service or otherwise have the right to
grant the license set forth in this section, and b) no materials of any kind,
submitted through your account or otherwise posted, transmitted, or shared by
you on or through the Service, will violate or infringe upon the rights of any
third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights.
International Users agree to comply with all local rules regarding online
conduct and acceptable Content, including laws regulating the export of data to
and from Canada or your country of access and/or residence.
Content
available on the Service is provided by Users of the Service who are independent
of the Company. Accordingly, you acknowledge that all Content whether publicly
posted or privately transmitted is the sole responsibility of the person from
whom such Content originated. Since the Company does not control the Content,
you understand that it does not guarantee the accuracy, integrity or quality of
such Content. You further understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
Further, you represent, warrant, covenant and agree that
you will not:
(a) use the Service for
commercial purposes;
(b) use the Service for
illegal purposes;
(c) upload, post, publish,
transmit, or reproduce any (i) Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of
any party; (ii) Content that violates or infringes in any way upon the rights
of others, including Content which is inaccurate, false, hateful, threatening,
abusive, offensive, harassing, unlawful, defamatory, libellous, tortuous,
slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane,
or is racially, ethnically or is otherwise objectionable; (iii) Content that is
pornographic, sexually explicit or contains nudity; (iv) Content that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships; (v) unauthorized or unsolicited advertising, promotional
materials, "junk mail", "spam", "chain letters",
"pyramid schemes" or any other solicitation to other Users except in
those areas of the Service that may be designated for such purposes; (vi)
Content which contains software, software viruses, including Trojan horses,
bots, worms or other harmful or destructive components or features designed to
interrupt, destroy or limit the functionality of any computer software,
hardware or telecommunications equipment; (vii) Content that consists of links
to other websites that contain Content not in compliance with the Terms of
Service; or (viii) Content that you know, or reasonably should know, cannot be
legally distributed in such manner;
(d) engage in conduct which
in the Company’s sole discretion restricts or inhibits any other User from
using or enjoying the Service;
(e) create a false identity
for the purpose of misleading others, impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation with any person or
entity;
(f) harm minors in any way;
(g) forge or otherwise
manipulate uniform resource locators or other identifiers to disguise the
origin of any Content transmitted through the Service, to acquire unauthorized
access to restricted areas of the Service, or for any other purposes;
(h) interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Service;
(i) repeatedly post the same
or similar Content or otherwise impose an unreasonable or disproportionately
large load on the Service;
(j) attempt to gain
unauthorized access to the Service, other accounts, computer systems, networks,
or services connected to the Service, through password mining or any other
means;
(k) use meta tag searches or
any automated queries or scripts of any sort on the Service;
(l) reformat or frame any
portion of the Service;
(m) disrupt the normal flow
of dialogue, cause a screen to scroll faster than the other users of the
Service are able to type or otherwise act in a manner that adversely affects
the ability of other Users to engage in real-time exchanges;
(n) violate any applicable
local, provincial, state, national, or international law or any regulations
having the force of law;
(o) Remove any copyright,
trademark, or other proprietary rights notices contained in the Service;
(p) harvest or collect email
addresses or other information of other Users from the Service by electronic or
other means for any unlawful purposes, or other purposes including sending
unsolicited emails or other unsolicited communications;
(q) stalk or otherwise
harass another Users; or
(r) promote or provide
instructions, information or advice about illegal activities, promoting
physical harm or personal injury against any individual or group;
(s) upload, post, transmit,
share, store or otherwise make available any videos other than those of a
personal nature that: (i) are of you or your contacts,
(ii) are taken by you or your contacts, or (iii) are original art or animation
created by you or your contacts;
(t) register for more than
one User account, register for a User account on behalf of an individual other
than yourself, or register for a User account on behalf of any group or entity;
(u) upload, post, transmit,
share, store or otherwise make publicly available on the Site any private
information of any third party, including, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
(v) solicit personal information
from anyone under 18 or solicit passwords or personally identifying information
for commercial or unlawful purposes;
(w) upload, post, transmit,
share, store or otherwise make available content that would constitute,
encourage or provide instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or violate any local,
state, national or international law.
Should you be found in violation
of any part of section 9 herein, your access to the Service may be terminated
immediately, without notice to you, in accordance with paragraph 17 herein.
Notwithstanding the fact that
the Company does not review, screen or edit the Content posted to the Service,
the Company reserves the right (but is under no obligation) to monitor, edit,
delete, or remove (without notice to you) any Content transmitted or received
through or on the Service if, in the sole discretion of the Company, the
Content violates these Terms of Service, or if the Company otherwise deems the
Content to be objectionable.
Further, you agree that the Company may preserve Content or disclose the
Content, if required by law to do so or if it believes in good faith that the
preservation or disclosure is reasonably necessary to (i)
comply with local process, (ii) enforce the Terms of Service, (iii) respond to
claims that any Content violates the rights of third parties; or (iv) protect
the rights, property or personal safety of the Company, Users of the Service
and the public at large.
10. USER DISPUTES
You are solely responsible for your interactions with other Users of the
Service. We reserve the right, but have
no obligation, to monitor the interactions and disputes between you and other
Users of the Service. In addition
to the general terms of Indemnification found in section 20 of this Agreement
as well as the Limitation of Liability terms found in section 22 of this
Agreement, the Company states specifically that it will not be liable in any
way as a party to any disputes between you and another User.
11. THIRD PARTY LINKS
The Service may contain or facilitate the receiving of, links to other
websites or resources (“Third Party Sites”).
As
these Third Party Sites are not under the control of the Company, you
acknowledge and agree that the Company shall not be responsible for the
availability of any Third Party Sites.
Further, since the Company does not investigate, monitor, or check for
accuracy, appropriateness, or completeness any of the Third Part Sites, it is
not responsible or liable for any content, advertising, products or other
materials located on or through any Third Party Sites. Links provided to Third
Party Sites do not represent endorsements of any information, products or
services on such sites, and no information on such sites has been approved or
endorsed by the Company. Under no circumstances shall the Company be held
responsible or liable for any loss or damages caused or alleged to have been
caused by use of or reliance on any content, goods, or services available on
such Third Party Sites. Once you decide to access the Third Party Site,
potentially leaving the Service, you do so at your own risk and you agree that
any of our terms and policies that may have protected you no longer apply. Any concerns that you may have regarding any
Third Party Sites should be directed to its respective site administrator or
Webmaster.
12. ADVERTISING
In consideration of your use of the Service, you
acknowledge and agree that the Company may arrange for the placement of
advertising messages, banners, images, text or other communications
(collectively referred to as "Advertising") throughout the Service,
unless provided for otherwise in a separate written agreement between you and
the Company. You agree that you will not make any attempt to remove, alter,
inhibit or obstruct the transmission or display of any such Advertising, to
alter the location of its display in any manner or to engage in any act that
may result in diminishing the value of such Advertising on the Service. Your
communication or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including the payment and delivery
of related goods and services, and any other terms, conditions, warranties or
representations in connection with such dealings are solely between you and the
advertiser and you agree that the Company shall not be liable or in any way
responsible for any loss or damage of any sort through such dealings or arising
from advertisers on the Service.
You agree that you are prohibited from advertising on the Service, including
ads served via an ad-server service, in any way, shape, or form, unless
otherwise provided for in a separate written agreement between you and the
Company.
13. NO RESALE OF SERVICE
You agree not to resell, reproduce, sell or exploit,
for any commercial purpose, the Service, or any portion thereof, without the
prior written consent of the Company. Notwithstanding the foregoing and except
as otherwise provided in a separate agreement between you and the Company, you
are permitted to resell or exploit portions of the Service for revenues or
benefits, provided that such revenues or benefits shall not exceed amounts
actually paid to the Company by you for the Service and providing that you
communicate to all third-parties that the reselling or exploitation of the
Services is provided by you and not by the Company. Should you enter into any third-party
relationships as a result of reselling this Service, you acknowledge and agree
that such third-party relationships are strictly between you and said
third-party and that Ramius shall not be held liable for any dealings you may
have with any such third parties. You
also agree that any fees payable to the Company for use of the Service are
payable regardless of any amounts due from any third-party relationships you
may have and under no circumstance will the Company he held liable for any
non-payment of any fees charged by you to any User.
14. STORAGE, RESOURCES AND
BACKUP
You acknowledge and agree that the Company shall not
be responsible for any deletion, miscommunication or the failure to store any
Content on the Service. The Company may
establish limitations on the amount of memory, disk space, activity, bandwidth
or any other resource available on the Service. The Company performs regular
backups of all Content and stores it for a limited time. The Company shall not be liable for any
failure to backup or restore any Content, nor shall it be liable for any for
interruptions, delays, unavailability, or suspensions of access to the Service,
for whatever reason and however caused.
15. MODIFICATIONS TO SERVICE
The Company reserves the right, from time to time
and at any time, to modify, suspend or discontinue the Service (or any part
thereof) with or without notice to you, and you agree that the Company shall
not be liable to you or to any third party as a result of any modification,
suspension or discontinuation of the Service.
Any and all changes made to the Service, including
without limitation the modification, addition, or deletion of any features to
the Service shall be subject to these Terms of Service.
16. PRIVACY
The privacy of our Users is of primary importance to us here at Ramius
Corporation. By using the Service, you
agree to comply with all relevant aspects of the Company’s privacy policy, and you
are consenting to have your personal data transferred to, and processed in,
Canada or other countries as solely determined by the Company. You agree to display over the Internet (within
the confines of your selected usage, access and display options) your Content,
including your profile. The Company may disclose
to third parties certain information from registration or other related data
regarding the Users in an aggregated form (e.g. total number of Users, etc.),
provided such information will not provide personal identifying information
about you except if authorized by you.
You specifically authorize the Company to release any information where the
Company believes in good faith that disclosure is reasonably necessary to
comply with the law or legal process, to enforce the Terms of Service, or to
protect itself, the Users, or others. In addition to the general terms of Indemnification found
in section 20 of this Agreement as well as the Limitation of Liability terms
found in section 22 of this Agreement, the Company states specifically that it
will not be liable for any losses incurred or damages suffered as a result of
disclosure which the Company makes under the terms of this section 16.
In addition, due to the nature of the Internet and other factors, privacy in
your communications cannot be assured and this should always be considered when
deciding to transmit confidential or other information through the Service. For more
information regarding our Privacy Policy, please click here.
17. TERMINATION
Except as otherwise provided in a separate written
agreement between you and the Company, you agree that the Company may, in its
absolute and sole discretion, terminate your account, or all or any part of
your access to the Service, and may remove and discard any of your profile or Content
at any time for any reason, including, without limiting the generality of the
foregoing: (a) a determination by the Company that you have violated or are
threatening to violate these Terms of Service or any other published policy of the
Company, (b) a determination by the Company that you have accessed or are attempting to access
any part of the Service without authorization, or (c) the discontinuance by the
Company of the Service, or any part thereof, for any reason whatsoever. You
also acknowledge that the Company may in its sole discretion, terminate your
membership if your user name, email address or any of the information you have
entered as part of your profile record is offensive or inaccurate. You further
acknowledge and agree that the Company reserves the right to delete any Content
or terminate accounts that are unpaid (where and if applicable) and/or inactive
for a period greater than 181 days, unless provided otherwise in a separate
written agreement between you and the Company. You acknowledge and agree that
any actions taken by the Company under this paragraph may be effected without
prior notice to you, and you further acknowledge and agree that the Company may
immediately terminate your access to the Service or bar you from any further
access to the Service. Further, you acknowledge and agree that the Company
shall not be liable to you or to any third party for any actions taken by the
Company under this paragraph, including without limitation, the termination of
your access to the Service. Termination,
pursuant to the Terms of Service, may be made without notice and will be
effective immediately.
Upon termination: (i) the
Company may remove and destroy all User Content from its servers; and (ii) where applicable, any and all remaining
fees payable for the Service will become due and payable immediately by User.
In no event will any fees or amounts paid in advance for any Service become
refundable upon termination of the Service in accordance with the terms of the
Terms of Service.
Where a User’s access to the Service is terminated pursuant to these Terms of
Service, such User shall be prohibited from re-registering for, or continuing
to use, the Service in any manner and/or for any reason whatsoever.
18. SERVICE MAINTENANCE
Periodically, the Service may become unavailable due to required
maintenance. You agree that the Company
assumes no responsibility for any errors, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, User communications
due to any Service unavailability.
19. PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used in
connection with the Service (the "Software") are the sole property of
the
Company and contain proprietary and confidential information protected by
applicable intellectual property and other laws.
You
further acknowledge and agree that content, including but not limited to,
information, text, notes, messages, listings, files, software, music, sound,
photographs, graphics, designs, video, hyperlinks, or other materials contained
in advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service-marks, patents or
other laws governing intellectual property and proprietary rights.
Except as
expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based upon the Service or the Software in
whole or in part. You agree not to modify, copy, reproduce, republish, upload,
post, transmit, sell or distribute in any way, Content available through the
Service, the rights of which you do not already own.
20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the
Company and its subsidiaries and affiliates and their respective directors,
officers, shareholders, employees, agents, partners, clients and contractors
from and against any loss, liability, claim, demand, damage, cost and expense
(including reasonable legal fees) asserted by any third party due or arising
from or in connection with your use of or conduct on the Service, your Content,
your violation of the Terms of Service, or your violation of any rights of
another User. The Company reserves the right to assume the exclusive defence
and control of any matter otherwise subject to indemnification by you, which
shall not excuse your indemnity obligations.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE
SERVICE AND ANY CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR
OTHER VIOLATIONS OF RIGHTS.
THE COMPANY MAKES NO WARRANTY THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY DOES NOT MAKE ANY REPRESENTATION
OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE,
THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR
ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS. THE COMPANY MAKES NO
WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR
SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY
OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. THE COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL
MALFUNCTION, DAMAGE, OR ANY OTHER PROBLEM TO ANY COMPUTER SYSTEM, OR FOR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. THE COMPANY
IS NOT RESPONSIBLE FOR ANY PROBLEMS THAT MAY RESULT TO ANY INTERNET ACCESS
EQUIPMENT, COMPUTER SYSTEM, SERVER, PROVIDER, MOBILE COMPUTING OR COMMUNICATION
EQUIPMENT, OR SOFTWARE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE
INTERNET, OR WITH THE SERVICE, OR A COMBINATION THEREOF, INCLUDING INJURY OR
DAMAGE (FINANCIAL OR OTHERWISE) TO USERS, OR ANY SOFTWARE OR HARDWARE RELATED
TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS OR DATA IN CONNECTION WITH
THE USE OF THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER
INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICE
(INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS
IN TRANSMISSION, OR ANY FAILURE OF ANY COMPUTER HARDWARE OR SOFTWARE, OR THE
INTERNET), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR, (V)
ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING
THE TERM YOU ARE A USER, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU
EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE
SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE
PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE
COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE DISSATISFIED WITH THE
SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE
SERVICE IMMEDIATELY.
23. SPECIAL ADMONITION FOR
COMMUNITIES RELATING TO FINANCIAL MATTERS
If you intend to use the Service to receive or
request any news, messages, alerts or other information concerning companies,
stock quotes, investments or securities, please re-read sections 20, 21 and 22 again.
In addition, for this type of information, particularly the expression
"Let the investor beware" would be particularly applicable to you or
any other User. The Service is provided for informational purposes only and no
Content included in the Service is intended for trading purposes. The Company
cannot be responsible for the content or accuracy of any information
transmitted via the Service, and shall not be responsible for any trading or
investment decisions made based on such information.
24. NOTICE
Notices may be sent to you or you may send notices to the
Company via either e-mail or regular mail. The Service may also provide
notifications of any changes to the Terms of Service or other matters
pertaining to the Service by displaying notices or links to notices generally
on the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Service provided by you to the Company
are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of any of the above mentioned communications
for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
25. GENERAL
The failure of the Company to exercise its rights or
insist upon the performance of the User's obligation hereunder shall not
constitute a waiver or relinquishment of those or any other rights under these
Terms of Service.
If any provision of the Terms of Service is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavour to give effect to the parties intentions as
reflected in the provision and the other provisions of the Terms of Service
shall continue to be binding on and remain in full force and effect.
The Terms of Service, together with any separate
written or online agreement between you and the Company constitutes the entire
and only agreement, and supersedes any prior agreements between you and the
Company, (including, but not limited to all prior versions of the Terms of
Service, where applicable).
By visiting or using the Service, you agree that the
Terms of Service and the relationship between you and the Company shall be
governed by and construed in accordance with the laws of the Province of
Ontario and Canada, without regard to principles of conflict of laws. Such parties agree to waive all defences of
lack of personal jurisdiction and forum non conveniens
with respect to venue and jurisdiction in the Province of Ontario and Canada,
and submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to
the contrary, any action, suit or proceeding arising out of or related to the
use of the Service or to the Terms of Service must be commenced within 1 year
after such claim or cause of action arose or be forever barred.
Section titles in the Terms of Service are for
convenience only and have no legal or contractual effect or significance.
Unless otherwise specified, the terms "includes",
"including", "e.g.,", "for example", and other
similar terms are deemed to include the term "without limitation"
immediately thereafter. Terms used in these Terms of Service with the initial
letter(s) capitalized will have the meaning attributed to them in these Terms
of Service.
It is the
express wish of the parties that the Terms of Service and all related documents
have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
26. VIOLATIONS
Please report any violations of the Terms of Service to
our compliance department by e-mail to compliance@ramius.net.