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Terms & Conditions
These Terms and Conditions describe the terms and conditions applicable
to the use of the PopWare Inc. web site (the "Web Site"). These may be
amended at any time and the posting of these amended terms on the Web Site
shall constitute notice thereof. Except, as stated below, all amended
terms shall be effective immediately upon such notice. By using the Web Site,
you agree to be bound by these Terms and Conditions. If you do not agree
with any of these terms or conditions, do not use the Web Site.
Disclaimer
Use of the Web Site is at the users sole risk. All materials and information
on the Web Site are provided on an "as is" and "as available" basis.
PopWare Inc. makes no warranties or representations concerning the reliability,
accuracy or likeliness of results of the use of the materials/information
(including any related graphics) on this Web Site or otherwise relating to
such materials/information or on any sites linked to this Web Site.
PopWare Inc. makes no warranties or representations that access to the
Web Site will be uninterrupted, timely, secure, or error free. Any material
downloaded or otherwise obtained through the use of the Web Site is done at
the users discretion and risk and that the user will be solely responsible
for any damage to their computer system or loss of data that results from
downloading such material.
Limitation of Liability
In no event will PopWare Inc. be liable for any damages whatsoever, including
special, direct, indirect, incidental or consequential damages, arising out of
or in connection with the: use of; or performance of; or the information
available or referred to on; the Web Site, including but not limited to, damages
for loss of profits or revenues suffered by the user, its clients, employers
or third parties howsoever caused and resulting from, but not necessarily limited to,
breach of contract, tort, negligence or other legal statutory or equitable grounds,
even if PopWare Inc. has been advised of the possibility of such damages.
Copyright
All materials and information published or otherwise accessible through this Web Site,
including but not limited to, news articles, text, photographs, images, illustrations,
audio clips, software and other materials (the "Content") are protected by copyright,
trademarks and/or other rights and laws, and are owned or controlled by PopWare Inc.
or its licensors. Portions of the Web Site may be provided to PopWare Inc. under
license. The copying, reproduction, or publication of any part of the Web Site is
strictly prohibited, unless expressly authorized in writing by PopWare Inc. You
agree to abide by all additional copyright notices, information and restrictions
contained in any Content and in any content accessed through the Web Site.
Trademarks
The trademarks, logos and service marks, including but not limited to "PopWare",
and other names, logos and icons identifying PopWare Inc.'s products and services
and such other product, names, logos and icons of third parties (collectively the "Trademarks")
displayed on the Web Site, are registered and unregistered Trademarks of PopWare Inc.
and third parties. Nothing contained on the Web Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the Web Site without the written permission of PopWare Inc. or such third
party that may own the Trademarks displayed on the Web Site. Your misuse of the
Trademarks displayed on the Web Site, or any other Content on the Web Site, except
as provided in these Terms and Conditions, is strictly prohibited. You are also advised
that PopWare Inc. will aggressively enforce its intellectual property rights to the
fullest extent of the law.
Use of this Site
While visiting the Web Site you may not: (A) post, upload, publish, reproduce,
transmit or otherwise distribute information or other material (i) constituting
or encouraging conduct that would constitute a criminal offence or give rise to
civil liability, or (ii) which is protected by copyright, or other intellectual
property right, or derivative works with respect thereto, without obtaining permission
of the copyright owner or right holder; or (B) otherwise use this site in a manner
which is contrary to law including the posting or transmitting of any information
or software which contains a virus, cancelbot, trojan horse, worm or other harmful
or disruptive component.
Indemnity
You agree to defend, indemnify and hold PopWare Inc. and its affiliates and related
companies, directors, officers and employees, harmless from any and all liabilities,
costs and expenses, including reasonable legal fees, related to any violation of
these Terms and Conditions by you or users of your account, or in connection with
the use of the Web Site or the placement or transmission of any information or other
materials on the Web Site by you or users of your account.
Links
PopWare Inc. has not reviewed the web sites linked to or linked from the Web Site
and is not responsible for the contents of any such linked site. PopWare Inc.
makes no representations or warranties whatsoever about any such linked site.
When you access a non-PopWare Inc. web site, you understand and acknowledge that
it is independent from PopWare Inc., that PopWare Inc. has no control over the
content on any such web site, and that PopWare Inc. does not assume any responsibility
or liability for any communications or materials available at such web site
and does not endorse the content or the use of such web site. Use of any such
linked web site is at the user's own risk. PopWare Inc. reserves the sole right to
either modify or discontinue the Web Site including any features therein at any time
with or without notice to you.
Termination
You agree that PopWare Inc. may, in its sole discretion, terminate or suspend your
access to all or part of the Web Site for any reason, including without limitation,
breach of these Terms and Conditions. Should you object to the Terms and Conditions
or any subsequent modifications thereto or become dissatisfied with the Web Site in
any way, your only recourse is to immediately discontinue use of the Web Site.
Miscellaneous
These Terms and Conditions, including any and all documents referenced herein constitute
the entire agreement between PopWare Inc. and you pertaining to the subject matter
hereof. PopWare Inc.'s failure to insist upon or enforce strict performance of any
provision of these Terms and Conditions shall not be construed as a waiver of any
provisions or rights. The invalidity or unenforceability of any provision of these
Terms and Conditions shall not affect the validity or enforceability of any other
provision hereof and any such invalid or unenforceable provision shall be deemed to
be severable. These Terms and Conditions shall be governed by and construed in accordance
with the laws of the Province of Ontario and the federal laws of Canada applicable
therein. The parties have required that these Terms and Conditions and all documents
relating hereto be drawn up in English. PopWare Inc. has no obligation to monitor this site.
However, you agree that PopWare Inc. has the right to monitor this site electronically
from time to time and to disclose any information as necessary to satisfy any law, regulation
or other governmental request, to operate this site properly, or to protect itself or its subscribers.
PopWare Inc. reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in
violation of these terms and conditions.
Contact Us
If you have any issues/difficulties with the terms, conditions, rules, policies, guidelines
or practices which PopWare Inc. uses to operate this site, please write to
weblegal@pop-ware.com and we will be happy to
discuss your concerns.
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