Terms and conditions of use
AGREEMENT BETWEEN YOU AND MAXYGO
To be able to use the MAXYGO service, you must accept the conditions of use and the declaration of confidentiality of this service, like those of WapMAXYGO.
MAXYGO WEBSITES
CONDITIONS OF USE AND REMARKS
AGREEMENT BETWEEN USER AND MAXYGO
The MAXYGO Website includes multiple Web sites and Web pages managed by MAXYGO or its subsidiary companies (collectively gathered under designation "MAXYGO Websites").
These MAXYGO Websites are proposed to you subject to your unconditional acceptance of the terms, conditions and mentions of warning contained in this document. Your use of these Web sites constitutes your acceptance of the aforesaid terms, conditions and mentions of warning. Your use of a particular MAXYGO Website among the whole of the MAXYGO Websites can be also subjected to the additional conditions of use mentioned in another section of this agreement (under the title "Additional conditions of use") if this one applies.
Moreover, the MAXYGO Websites can themselves contain additional conditions of use, codes of conduct or guides of instruction governing the use of these sites, including but without limitation, of the functionalities or the particular offers (for example, of the contests or the message boards).
If the terms, conditions and mentions contained in this document are in contradiction with the additional conditions of use or other conditions or instructions contained in another particular MAXYGO Website, the conditions of use of this Website will prevail.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Read the Declaration of confidentiality to the following address: http://www.maxygo.net/privacy.asp for information on the collection and the exploitation of the data concerning you.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular MAXYGO Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and an username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MAXYGO immediately of any unauthorized use of your account or any other breach of security. MAXYGO will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MAXYGO or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
MAXYGO reserves the right to change the terms, conditions, and notices under which the MAXYGO Sites/Services are offered, including but not limited to the charges associated with the use of the MAXYGO Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the MAXYGO Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND COMMERCIAL USE LIMITATION
Unless otherwise specified, the MAXYGO Sites/Services are for your personal and commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MAXYGO Sites/Services.
LINKS TO THIRD PARTY SITES
The MAXYGO Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of MAXYGO and MAXYGO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MAXYGO is not responsible for webcasting or any other form of transmission received from any Linked Site nor is MAXYGO responsible if the Linked Site is not working appropriately. MAXYGO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MAXYGO of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the MAXYGO Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MAXYGO shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MAXYGO Sites/Services, you will not use the MAXYGO Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MAXYGO Sites/Services in any manner which could damage, disable, overburden, or impair any MAXYGO Site/Service(s) (or the network(s) connected to any MAXYGO Site/Service(s)) or interfere with any other party's use and enjoyment of any MAXYGO Site/Service(s). You may not attempt to gain unauthorized access to any MAXYGO Site/Service, other accounts, computer systems or networks connected to any MAXYGO Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MAXYGO Sites/Services.
USE OF SERVICES
The MAXYGO Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, diaries, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an MAXYGO Site/Service(s) or other user or usage information or any portion thereof.
MAXYGO has no obligation to monitor the Communication Services. However, MAXYGO reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MAXYGO reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. MAXYGO reserves the right at all times to disclose any information as MAXYGO deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MAXYGO's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MAXYGO does not control or endorse the content, messages or information found in any Communication Service and, therefore, MAXYGO specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MAXYGO spokespersons, and their views do not necessarily reflect those of MAXYGO. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MAXYGO OR POSTED AT ANY MAXYGO WEB SITE
MAXYGO does not claim ownership of the materials you provide to MAXYGO (including feedback and suggestions) or post, upload, input or submit to any MAXYGO Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MAXYGO, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. MAXYGO is under no obligation to post or use any Submission you may provide and MAXYGO may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
CONTENTS OF MESSAGES
MAXYGO does not, and cannot, monitor, censor or edit the contents of users' email messages. Users alone are responsible for the contents of their messages, and the consequences of any such messages. User agrees that it will not use MAXYGO for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. User further agrees not to use MAXYGO to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. MAXYGO reserves the right to terminate any user's account if it becomes aware and determines, in its sole discretion, that user is violating any of the foregoing guidelines. It is MAXYGO's policy to respect the privacy of its users.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE MAXYGO SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the MAXYGO Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of MAXYGO and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, MAXYGO hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular MAXYGO Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA and Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA and Canada export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MAXYGO SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MAXYGO SITES/SERVICES AND TO THE INFORMATION THEREIN. MAXYGO AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MAXYGO SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MAXYGO SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MAXYGO CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MAXYGO SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MAXYGO AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT MAXYGO SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MAXYGO SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MAXYGO IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MAXYGO IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MAXYGO SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL MAXYGO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MAXYGO SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MAXYGO SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MAXYGO SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MAXYGO SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAXYGO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MAXYGO SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MAXYGO SITES/SERVICES.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that MAXYGO may establish limits concerning use of any service offered on an MAXYGO Website, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on MAXYGO's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time. You agree that MAXYGO has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that MAXYGO reserves the right to delete accounts that are inactive for an extended period of time.
MAXYGO MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: webmaster@maxygo.net
TERMINATION/ACCESS RESTRICTION
MAXYGO reserves the right, in its sole discretion, to terminate your access to any or all MAXYGO Sites/Services and the related services or any portion thereof at any time, without notice. MAXYGO may also terminate or suspend your access to MAXYGO Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by MAXYGO. The amount of time that MAXYGO currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the MAXYGO Site/Service, your right to use the MAXYGO Site/Service immediately ceases. MAXYGO shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
MAXYGO will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay MAXYGO liquidated damages of $2 (CDN) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay MAXYGO's actual damages, to the extent such actual damages can be reasonably calculated.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English and French. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais et en français.
GENERAL DISPOSITIONS
This agreement is governed by the laws of the Province of Québec, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts Québec or Montréal, Québec, Canada. in all disputes arising out of or relating to the use of the MAXYGO Sites/Services. Use of the MAXYGO Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAXYGO as a result of this agreement or use of the MAXYGO Sites/Services. You agree to indemnify and hold MAXYGO, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MAXYGO Sites/Services. MAXYGO reserves the right to disclose any personal information about you or your use of the MAXYGO Sites/Services, including its contents, without your prior permission if MAXYGO has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MAXYGO or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. MAXYGO's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MAXYGO's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MAXYGO Sites/Services or information provided to or gathered by MAXYGO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MAXYGO with respect to the MAXYGO Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MAXYGO with respect to the MAXYGO Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MAXYGO Web Sites are: Copyright © 1999 - 2008 MAXYGO and/or its suppliers, 15, Place du Havre, Trois-Rivières, Québec, Canada. All rights reserved.
TRADEMARKS
MAXYGO, WapMAXYGO, and/or other MAXYGO products referenced herein are either trademarks or registered trademarks of MAXYGO. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
FEES ; PAYMENT
MAXYGO reserves the right to take admission fees for some contents and/or services, as some transaction fees in the case of certain transactions done by the means of the Services. In addition, MAXYGO reserves the right to modify from time to time and without any notice, whole or part of its admission fees. Click on this link http://www.maxygo.net/fees.asp to consult the current fees and take care to consult this fees scale each time you use the Services in order to determine if the fees were modified. You will be held for entirely responsible for the payment for all fees, commissions, rights, taxes and impositions rising from the uses of the Services.
MAXYGO'S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT
MAXYGO wants your voluntary feedback and suggestions on the MAXYGO Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that MAXYGO needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to MAXYGO concerning the MAXYGO Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting MAXYGO and its affiliated companies permission to:
- Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. No compensation will be paid with respect to MAXYGO's use of the materials contained within such feedback or suggestions. MAXYGO is under no obligation to post or use any materials you may provide and may remove such materials at any time at MAXYGO's sole discretion.
This section is not applicable to any personally identifiable information that you provide in connection with your registration for the MAXYGO Services. For terms and conditions governing the use of such information and for more information on how the MAXYGO Services work, please refer to the MAXYGO Privacy Statement at http://www.maxygo.net/privacy.asp
This section also is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any MAXYGO participating sites and services. Please refer to the terms and conditions for such MAXYGO participating sites and services to determine the rights of the Web site or service provider to such documents, information, and/or data.
Revision date : July 2004
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