Terms of Service
(Last Updated: October 23, 2010)
Acceptance of Terms
Modifications to this Agreement
1. USER REGISTRATION
To use the Service, User will be required to provide username and password and submit a registration form. User agrees to:
- provide true, accurate and current and complete information about User as prompted by the Service registration form (“Registration Data”) and
- maintain and promptly update the Registration Data. If User provides any information that is untrue, inaccurate, not current or incomplete, or GDE has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GDE may suspend or terminate the User account and refuse any and all current or future use of the Service (or any portion thereof).
User may not authorize any third party to access or use the Service on their behalf. User is responsible for maintaining the confidentiality of the username and password, and is fully responsible for all activities that occur under their username or password. User agrees to immediately notify GDE of any unauthorized use of their username or password or any other breach of security.
2. ELECTRONIC COMMUNICATIONS AND SOLICITATION
By using the Service, User understands that GDE may send User communications or data regarding the Service, including but not limited to
- notices about the User’s use of the Service, including any notices concerning violations of use,
- updates, and
- promotional information and materials regarding GDE’s products and services, via electronic mail.
3. USER CONDUCT/ACCEPTABLE USE
User may not use the Service in any way that violates applicable federal, provincial, or international law, or for any unlawful purpose. User may not use the Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of GDE or others.
To the extent that the Service provides User an opportunity to post, store and exchange articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas and opinions (“User Content”), User agrees to and hereby grants GDE, its contractors, and the users of the Service an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content, including a User’s likeness.This license does not grant GDE the right to sell User Content or otherwise distribute it outside of GDE’s Service.GDE does not claim any ownership rights in any User Content; User continues to retain all ownership rights in such User Content.
Content published by User is generally not reviewed by GDE.GDE shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by User, and may remove or require User to remove all content that GDE, in its sole discretion, deems to be
- infringing the rights of a third party or subject GDE to expense or liability.
- possibly in violation of applicable law.
GDE reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit GDE’s response to a future complaint.User acknowledges and agrees that GDE shall not assume or have any liability for any action or inaction by GDE with respect to any User Content.
Additionally, GDE reserves the right to terminate User access to use the Service, if, in GDE’s view, User conduct fails to meet any of the following guidelines of User conduct:
- 3.1 User may not attempt to harm, disrupt, or otherwise engage in activity that diminishes or degrades, GDE, computer systems and network, or the Service.
- 3.2 User may not attempt to interfere with any other person’s use of the Service.
- 3.3 User may not misrepresent his/her identity or impersonate any person, or use the account, username, or password of another User at any time.
- 3.4 User may not attempt to gain access to any account, computers or networks related to Service without authorization.
- 3.5 User may not attempt to obtain any data through any means from Service, except if GDE intends to provide or make it available to User.
- 3.6 User may not attempt to charge others to use Service either directly or indirectly.
- 3.7 User may not cover or obscure advertisements on any page of Service.
- 3.8 User may not use Service to participate in commercial activities and/or sales without GDE’s prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes or chain letters.
- 3.9 User may not engage in any illegal or unauthorized copying of another person’s copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed, copy-protect devices, (3) pirated music or links to pirated music files, or (4) otherwise violates another person’s proprietary rights.
- 3.10 User may not use Service to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
- 3.11 User may not use Service to solicit personal information from anyone under 18.
- 3.12 User may not use Service to solicit passwords or personal identifiable information for commercial or unlawful purposes.
- 3.13 User may not use Service for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
- 3.14 User may not use Service to send or otherwise making available any material that contains viruses, Trojan horses,
- 3.15 User may not use Service to harvest or otherwise collect information about others.
- 3.16 User may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by GDE in connection with Service.
- 12.1 When sent by e-mail at .
- 12.2 When sent by mail at:
Goldeneye Solutions 600 Boul. Maisonneuve Ouest, suite 1700 Montreal QC H3A 3J2
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of GDE. Should User access and use of Service be terminated, User has the right to appeal such termination by writing to .
4. INTELLECTUAL PROPERTY
All content of the Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2010-2013 Goldeneye Solutions Inc and/or the proprietary property of GDE suppliers, affiliates, or licensors.Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of GDE and/or it suppliers, affiliates, or licensors. All rights reserved.
5. THIRD PARTY
Service provides access to User Content and may contain information that and links to other third party content, including but not limited to Web sites, servers, networks, databases, applications, products or services, and the Internet as a whole. GDE is not responsible for any User Content or other third party content that User accesses with the Service and User irrevocably waive any claim against GDE with respect to such sites and User Content or other third party content.
GDE PROVIDES THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GDE, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, AN “GDE PARTY,” AND COLLECTIVELY, THE “GDE PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.THE GDE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
8.1 Exclusive Remedy
IN NO EVENT WILL ANY GDE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT, THE USER’S USE OF THE SERVICE, OR THE USER’S RELIANCE ON ANY INFORMATION ON THE SERVICE PROVIDED BY ANY GDE PARTY, USER OR OTHER THIRD PARTY, EVEN IF SUCH GDE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER. IF THE USER IS DISSATISFIED WITH THE SERVICE, OR IF THE USER DOES NOT AGREE WITH ANY PART OF THIS CONTRACT, OR IF THE USER HAS ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY GDE PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
8.2 Changes to the service
GDE MAY CHANGE THE SERVICE AT ANY TIME AND FOR ANY REASON.GDE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA.IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE PROVISIONS 7 AND 8.1, GDE IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT THE USER’S ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES THE USER MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USER’S USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO THE USER.
10. TERMINATION OF SERVICE
GDE may terminate or suspend User access to the Service at any time, in GDE’s sole discretion, without cause and/or without notice. Upon termination, User right to use the Service stops immediately. UPON CANCELLATION OR SUSPENSION OF SERVICE, USER DATA MAY BECOME UNAVAILABLE.
11. GOVERNING LAW
This agreement shall be interpreted under the laws of Province of Quebec, Canada.Any and all legal actions relative hereto shall be in the courts of Quebec, Canada. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with GDE or relating in any way to your use of the Service resides in the courts of Quebec, Canada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Quebec, Canada in connection with any such dispute including any claim involving Quebec, Canada or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
GDE may assign this contract, in whole or in part, at any time with or without notice to User. The User may not assign this contract, or any part of it, to any other party. Any attempt by User to do so is void.