Terms of Use Agreement
Acceptance of Terms of Use. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS
CAREFULLY.
Canbyte owns and operates three webs, located and with each its own content at http://www.canbyte.com,
http://www.canbyte.ca, and http://wwwcanbyte.biz. This Terms of Use Agreement (this
Agreement) states the terms and conditions under which you may access and use any
of the three Web sites. By accessing and using any of the three Web sites you are
indicating your acceptance to be bound by the terms and conditions of this Agreement.
If you do not accept these terms and conditions, you must not access or use any
of the three Web sites. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES,
POLICIES, GUIDELINES OR PRACTICES OF the Canbyte OPERATING WEB SITES, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THEM.
Canbyte may revise this Agreement at any time by updating this posting. Use of any
of the three websites after such changes are posted will signify your agreement
to these revised terms. You should visit this page periodically to review this Agreement.
Ownership.
All materials displayed or otherwise accessible through any or all of the three
websites, including, without limitation, news articles, text, photographs, images,
illustrations, audio clips, video clips, computer software and code (collectively,
the Content) are protected under Canadian and foreign copyright or other laws, and
are owned by Canbyte, its licensors or the party accredited as the provider of the
Content. In addition, the three websites are protected under copyright law as a
collective work and/or compilation pursuant to Canadian and foreign laws. You shall
abide by all additional copyright notices, information and restrictions on or contained
in any of the Content accessed through any or all of the three websites.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY,
UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION
OF THE WEBSITES OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY
SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF Canbyte.
Trademarks. Names, words, titles, phrases, logos, designs, graphics, icons and trademarks
displayed on the three websites may constitute registered or unregistered trademarks
of Canbyte or third parties. While certain trademarks of third parties may be used
by Canbyte under license, the display of third-party trademarks on any or all of
the three websites should not be taken to imply any relationship or license between
Canbyte and the owner of said trademark or to imply that Canbyte endorses the wares,
services or business of the owner of said trademark.
Nothing contained on any or all of the three websites should be construed as granting
you any license or right to use any trademark logo or design of Canbyte or any third
party, without the written permission of Canbyte or the respective owner of any
third-party trademark.
DISCLAIMER OF WARRANTIES.
ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING any or all of the three
websites YOU ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT IS ENTIRELY AT YOUR OWN
RISK. Canbyte MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT, INCLUDING,
WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY
(1) THAT any or all of the three websites AND/OR CONTENT WILL BE ACCURATE, COMPLETE,
RELIABLE, SUITABLE OR TIMELY;
(2) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE,
PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH any or all of the three
websites WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE;
(3) THAT THE OPERATION OF any or all of the three websites WILL BE UNINTERRUPTED
OR ERROR FREE;
(4) THAT DEFECTS OR ERRORS IN any or all of the three websites WILL BE CORRECTED;
(5) THAT any or all of the three websites WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS;
(6) THAT COMMUNICATIONS TO OR FROM eany or all of the three websites WILL BE SECURE
OR NOT INTERCEPTED.
LIMITATION OF LIABILITY.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL Canbyte, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS,
LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER
ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF Canbyte KNEW OF OR OUGHT
TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Canbyte, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING
ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF Canbyte HAS BEEN ADVISED OR OUGHT TO
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Canbyte, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF Canbyte OR YOUR FAILURE
TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. Canbyte EXPRESSLY DISCLAIMS ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF
any or all of the three websites OR ANY ADVERTISER OR SPONSOR OF THE WEBSITES (COLLECTIVELY,
THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL Canbyte AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER
WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND
(II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES
LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM any or all of the
three websites. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS,
SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO any or all of the three websites,
YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE Canbyte AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY
DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING
FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH any
or all of the three websites OR BY THIRD PARTIES THROUGH any or all of the three
websites.
No Advice.
The information contained on any or all of the three websites is for informational
purposes only. It is not intended to provide legal, accounting, tax, investment,
financial, medical or other advice to you, and you should not rely upon the information
to provide any such advice.
Linking.
Any or all of the three websitess may contain links to third-party web sites. These
links are provided solely as a convenience to you and not as an endorsement by Canbyte
of the contents of such third-party web sites. Canbyte is not responsible for the
content of any third-party web site, nor does it make any representation or warranty
of any kind regarding any third-party web site including, without limitation (i)
any representation or warranty regarding the legality, accuracy, reliability, completeness,
timeliness, suitability of any content on any third-party web site; (ii) any representation
or warranty regarding the merchantability or fitness for a particular purpose of
any material, content, software, goods or services located at or made available
through such third-party web sites; or (iii) any representation or warranty that
the operation of the third-party web sites will be uninterrupted or error free,
that defects or errors in such third-party websites will be corrected or that such
third-party websites will be free from viruses or other harmful components. While
Canbyte encourages links to any or all of the three websites, it does not wish to
be linked to or from any third-party web site which (i) contains, posts or transmits
any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including, without limitation, any
content constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, provincial,
national or international law, regulation which may be damaging or detrimental to
the activities, operations, credibility or integrity of Canbyte or which contains,
posts or transmits any material or information of any kind which promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual, could
be harmful to minors, harasses or advocates harassment of another person, provides
material that exploits people under the age of 18 in a sexual or violent manner,
provides instructional information about illegal activities, including, without
limitation, the making or buying of illegal weapons; or (ii) contains, posts or
transmits any information, software or other material which violates or infringes
upon the rights of others, including material which is an invasion of privacy or
publicity rights, or which is protected by copyright, trademark or other proprietary
rights. Canbyte reserves the right to prohibit or refuse to accept any link to any
or all of the three websites, including, without limitation, any link which contains
or makes available any content or information of the foregoing nature, at any time.
You agree to remove any link you may have to any or all of the three websites upon
the request of Canbyte.
Software Licenses and Ownership.
All software embedded in or located on or at any or all of the three websites, including,
without limitation, all computer code of all types, including all files and/or images
contained in or generated by such software (Software) is protected by copyright
and may be protected by other rights. All such Software is owned by Canbyte, its
licensors or the party accredited with ownership of such Software. You are hereby
granted the right to access and use the Software embedded and integrated into any
or all of the three websites, subject to (i) the terms and conditions of this Agreement,
and (ii) any additional conditions which may be imposed on your access and use of
such Software. If any or all of the three websites provides Software for download,
unless otherwise provided, you are hereby granted, subject (i) to the terms of this
Agreement and (ii) to any other terms and conditions that may apply to your downloading
and use of such Software, a personal, non-transferable, non-exclusive license to
(i) install and run one copy of the Software in object-code format on a non-networked
computer for your personal, non-commercial use; and (ii) to reproduce the Software
only as reasonably required to install, run and make reasonable backup copies as
allowed by law. Except to the extent expressly permitted in this Agreement, you
may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit
the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise
provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary
notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract
or reverse engineer the Software or assist others in doing so. Nothing contained
in any or all of the three websites shall be construed as granting you any right,
title, interest or other license in or to any Software embedded or integrated into
any or all of the three websitess or made available for download from any or all
of the three websites, including, but not limited, to any intellectual property
rights in the Software. All Software embedded or integrated into any or all of the
three websites is provided As Is, without warranties of any kind, either expressed
or implied, including, without limitation, any warranty (i) that the Software is
of merchantable quality or is fit for any particular purpose; (ii) that the Software
will conform with any specification(s) relating to the Software; (iii) that the
Software will be free from material defects; (iv) that the Software contains no
computer viruses or other contaminants; or (v) that the Software shall process date-related
and time-related data without causing any processing interruptions, abnormal termination
or process or manipulate any time-related data.
Submissions.
any or all of the three websites may provide features that allow you to post messages
and content, to interact with Canbyte and other users and to upload files, documents
or other materials (collectively, Submissions). When using any of the features of
any or all of the three websites which allow you to post, upload or make Submissions,
it is a condition of your use of any or all of the three websitess that you observe
the rules of netiquette and that you do not: (1) restrict or inhibit any other user
from using and enjoying any or all of the three websites, interfere or attempt to
interfere with the proper workings of the site or do anything which in the sole
discretion of Canbyte imposes an unreasonable or disproportionately large load on
the Canbyte website infrastructure; (2) post or transmit any unlawful, threatening,
abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including, without limitation, any Submission constituting
or encouraging conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state, provincial, national or international
law or regulation; (3) post or transmit any Submission, including, without limitation,
articles, images, stories, software or other material, which violates or infringes
upon the rights of others, including material which is an invasion of privacy or
publicity rights or which is protected by any intellectual property rights, including,
without limitation, copyright, patent, trade secret, trademark or other proprietary
rights herein, or derivative works with respect thereto, without first obtaining
permission from the owner or rights holder; (4) post or transmit any Submission
that promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual, could be harmful to minors, harasses or advocates harassment of another
person, provides material that exploits people under the age of 18 in a sexual or
violent manner, provides instructional information about illegal activities, including,
without limitation, the making or buying of illegal weapons; (5) post or submit
any Submission which solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; (6) post or transmit any Submission
which contains a virus or other harmful component, or provides or creates computer
viruses; (7) post or transmit junk mail, chain letters, unsolicited mass mailing
or spam; or (8) use any or all of the three websites for commercial purposes, including,
without limitation, posting, uploading or transmitting any Submissions which contain
advertising or which engage in commercial activities and/or sales, or which involve
contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By posting or uploading Submissions to any or all of the three websites, you grant
Canbyte a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide
license to: (1) use, reproduce, store, adapt, translate, modify, make derivative
works from, transmit, distribute, publicly perform or display such Submissions for
any purpose; and (2) to sublicense to third parties the unrestricted right to exercise
any of the foregoing rights. In addition to the grant of the above license, you
hereby (1) agree to waive all moral rights in any Submission in favour of Canbyte;
(2) consent to your name, address and e-mail appearing as the contributor of any
Submission, where applicable, and to the disclosure and/or display of such information
and any other information which appears in or is associated with a Submission; (3)
acknowledge and agree that Canbyte is not responsible for any loss, damage, or corruption
that may occur to your Submissions; and (4) acknowledge and agree that any Submissions
you provide for display on any or all of the three websites will be considered non-confidential.
Canbyte may review Submissions before they are posted. Canbyte may refuse to post
any Submission to any or all of the three websites. Canbyte reserves the right,
in its sole discretion, to edit or remove any Submission, whether or not the Submission
is in violation of the provisions hereof or otherwise objectionable. You acknowledge
and agree that Canbyte may, in its sole discretion, monitor any or all of the three
websites periodically and disclose any information as necessary to satisfy any law,
regulation or other governmental or Court request, to operate any or all of the
three websites properly or to protect itself or other users any or all of the three
websites. Any such disclosure shall be in accordance with Canbyte's Privacy
Policy. Canbyte is not responsible for the content of any Submission. Submissions
represent the views and opinions of the person(s) posting the Submission and do
not represent the views or opinions of Canbyte. While Canbyte is under no obligation
to investigate any complaint regarding any Submission, it may, in its sole discretion,
investigate complaints and take any actions it deems appropriate in the circumstances,
including, without limitation, removing the offending communication from any or
all of the three websites and terminating the submitting party's right to access
and use any or all of the three websites (or any portion thereof).
Any consent by Canbyte to, or waiver of, a breach of this Agreement which you have
committed, whether express or implied, shall not constitute a consent to, or waiver
of, any other, different or subsequent breach. You may not assign or transfer this
Agreement or any right or obligation hereunder. If any term or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, it shall be
severed and the remaining provisions shall remain in full force without being invalidated
in any way. This Agreement is not intended to create a partnership, joint venture,
or agency relationship between the parties, and you shall not assume the function
of agent for Canbyte, or make statements or contract obligations on behalf of Canbyte.
Except for any agreements with Canbyte that expressly reference this Agreement,
this is the entire agreement between you and Canbyte relating to the matters contained
herein.
Online Commerce.
Any or all of the three websites may allow you to purchase many different types
of products and services online that are provided by Canbyte (the Wares and Services).
When ordering Wares and Services on any or all of the three websites, you must provide
complete and accurate personal information consisting of your name, address, telephone
number, e-mail address, credit card information and shipping address, as well as
any other information requested. Your receipt of an electronic form or other form
of order confirmation does not signify acceptance of your order, nor does it constitute
confirmation of an offer to sell. Your submission of an order to us shall be deemed
to constitute an offer to purchase, which shall remain open for a reasonable time,
unless we agree otherwise, and will be deemed to be accepted by us only upon shipment
of the Wares and Services. Canbyte, in its sole discretion, reserves the right at
any time after receipt of your order, without prior notice to you, to supply less
than the quantity you ordered of any item. Canbyte, in its sole discretion, reserves
the right at any time after receipt of your order, to accept or decline your order
for any reason. You acknowledge and agree that the price of the Wares and Services
is subject to change without notice and that the Wares and Services are subject
to availability. The sale of the Wares and Services is void where prohibited by
law. Canbyte, in its sole discretion, shall have the right, at any time after receipt
of your order, to decline your order for any reason. In the event that the Wares
and Services are listed at an incorrect price, due to a typographical error or an
error in pricing information, Canbyte, in its sole discretion, shall have the right
at any time after receipt of your order, to decline your order. any or all of the
three websites may allow you to purchase many different types of products and services
online that are provided by third parties (the Third-Party Merchandise). Canbyte
is not responsible for the legality, quality, accuracy, timeliness, reliability
or any other aspect of any Third-Party Merchandise. If you make a purchase from
a third-party web hosted by any or all of the three websites or linked from any
or all of the three websitess, the information obtained during your visit to any
third-party web site and the information that you give, such as your credit card
number and contact information, is collected by the third-party web site and not
by Canbyte. You release Canbyte and its officers, directors, employees, agents and
their respective successors and assigns from any damages that you incur, and agree
not to assert any claims against them, arising from your purchase or use of the
Wares and Services or Third-Party Merchandise made available on any or all of the
three websites or by third-party web sites through any or all of the three websites.
Notice and Procedure for Making Claims of Copyright Infringement.
It is the policy of Canbyte to respond to claims of intellectual property infringement.
Canbyte will promptly process and investigate notices of alleged infringement and
will take any actions, in its sole discretion, it deems appropriate. Notifications
of claimed copyright infringement should be sent by email to editor@canbyte.com.
Tto be effective, the notification of infringement must be a written communication
that includes the following: 1. A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site; 3. Identification of the material
that is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material; 4. Information
reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number and, if available, an electronic mail
address at which the complaining party may be contacted; 5. A statement that the
complaining party has a good-faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent or the law and;
6. A statement that the information in the notification is accurate and, under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Indemnity.
You agree to indemnify, defend and hold harmless Canbyte and its officers, directors,
employees, agents, licensors and their respective successors and assigns, from and
against any and all claims, demands, liabilities, costs or expenses whatsoever,
including, without limitation, legal fees and disbursements resulting directly or
indirectly from: (1) your breach of any of the terms and conditions of this Agreement;
(2) your access, use or inability to access or use any or all of the three websites
or any Web site to which any or all of the three websites is or may be linked to
from time to time; (3) your use of, reliance on, publication, communication or distribution,
uploading or downloading of anything on or from any or all of the three websites;
and/or (4) your violation of any law or regulation.
Registration.
To use certain features of any or all of the three websites, you may be asked to
register with any or all of the three websites. You agree (1) to provide true, accurate,
current and complete information about yourself as prompted by any registration
form; and (2) to maintain and promptly update the information you provide to keep
it true, accurate, current and complete. If Canbyte has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Canbyte
has the right to suspend or terminate your access to and use of any or all of the
three websites (or any portion thereof). Canbyte's use of any personally identifying
information you provide as part of the registration process is governed by the terms
of Canbyte's Privacy Policy.
Passwords.
To use certain features of any or all of the three websites, you may also need a
username and password, which you will receive through the Website registration process.
You are responsible for maintaining the confidentiality of the password and account,
and are responsible for all activities that occur under your password or account.
You agree to notify Canbyte immediately of any unauthorized use of your password
or account or any other breach of security, and to ensure that you exit from your
account at the end of each session. Canbyte cannot and will not be liable for any
loss or damage arising from Canbyte'S failure or your failure to protect your
password or account information.
Security.
Please note that information sent or received over the Internet is generally unsecure
and Canbyte cannot and does not make any representation or warranty concerning security
of any communication to or from any or all of the three websites or any representation
or warranty regarding the interception by third parties of personal or other information.
Termination.
Canbyte may at any time, without notice, in its sole discretion and without cause,
terminate your right to access or use any or all of the three websites, (or any
portion thereof). Canbyte may also terminate your right to access and use any or
all of the three websites, or any part of any or all of the three websites, if you
breach any term or condition of this Agreement.
Top Governing Law and Jurisdiction.
Any or all of the three websites (excluding linked Web sites) is controlled by Canbyte
from its offices within the Province of Ontario, Canada. By accessing or using any
or all of the three websites, you agree that all matters relating to your access
to, or use of, any or all of the three websites and/or the Content shall be governed
by the laws of the Province of Ontario and the laws of Canada, without regard to
the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive
jurisdiction of the Federal Court of Canada and/or the courts of the Province of
Ontario with respect to such matters. You agree that the provisions of the United
Nations Convention on Contracts for the International Sale of Goods shall not apply.
General.
Any consent by Canbyte to, or waiver of, a breach of this Agreement which you have
committed, whether express or implied, shall not constitute a consent to, or waiver
of, any other, different or subsequent breach. You may not assign or transfer this
Agreement or any right or obligation hereunder. If any term or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, it shall be
severed and the remaining provisions shall remain in full force without being invalidated
in any way. This Agreement is not intended to create a partnership, joint venture,
or agency relationship between the parties. Except for any agreements with Canbyte
that expressly reference this Agreement, this is the entire agreement between you
and Canbyte relating to the matters contained herein.
May 1 2007, Canbyte. All rights reserved.
Copyright © Canbyte 2007
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