Terms
of Use and Disclaimer
A. ACCEPTANCE OF TERMS -
Welcome to Storstac.com! Storstac.com is an Internet-based
online information
and communications service (the "Service").
Unless explicitly stated otherwise, any new features
that augments or enhances the current Service shall
be subject to the Terms of Use.
By accessing or using Storstac.com, you agree to be
bound by the terms and conditions of this agreement.
If you do not wish to be bound by this agreement, you
may not access or use Storstac.com.
Storstac.com may modify this agreement at any time,
and such modification shall be effective immediately
upon either posting of the modified agreement or notifying
you. You agree to review this agreement periodically
to ensure that you are aware of any modifications.
You also agree that Storstac.com shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of the Service. Your continued
access or use of Storstac.com shall be deemed your
conclusive acceptance of the modified agreement.
B.
DISCLAIMER - The information contained in Storstac.com
is compiled
from a variety
of sources ("Information
Providers"). Storstac.com services and information
are provided “AS-IS” without warranty,
express or implied.
Storstac.com and Information Providers make no warranty
as to the reliability, accuracy, timeliness, usefulness,
adequacy, completeness or suitability of the Service.
Storstac.com and Information Providers cannot and do
not warrant against human and machine errors, omissions,
delays, interruptions or losses, including loss of
data. Storstac.com and Information Providers do not
warrant or guarantee that the functions or Services
performed in Storstac.com will be uninterrupted or
error-free or that defects in Storstac.com will be
corrected. No advice or information, whether oral or
written, obtained by you from Storstac.com or through
or from the Service shall create any warranty not expressly
stated in the Terms of Use.
Any material downloaded or otherwise obtained through
the use of the Service is done at your own discretion
and risk, and you will be solely responsible for any
damage to your computer system or loss of data that
results from the download of any such material. Visitors
of Storstac.com are responsible for (1) implementing
and maintaining adequate procedures and checkpoints
to satisfy their particular requirements for accuracy
of data input and output and (2) maintaining a means
external to Storstac.com for the reconstruction of
any lost data.
C. CONDUCT - By using this Service, you agree not
to use the Service to:
-
Upload, post, e-mail or otherwise transmit any content
that is unlawful,
harmful, threatening,
abusive, harassing,
defamatory, vulgar, obscene, libellous, invasive or
another’s privacy, hateful, or racially, ethnically
or otherwise objectionable;
- Upload, post, e-mail or otherwise transmit any content
that you do not have a right to transmit under any
law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
-
Upload, post, e-mail or otherwise transmit any content
that infringes
any patent, trademark,
trade secret,
copyright or other proprietary rights (“Rights”)
of any party;
-
Upload, post, e-mail or otherwise transmit any unsolicited
or unauthorized
advertising,
promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of solicitation except
in areas that are designated for such purpose;
- Upload, post, e-mail or otherwise transmit any material
that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software,
hardware or telecommunications equipment;
- 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; or
- Intentionally or unintentionally violate any applicable
local, national, or international laws.
D.
LINKS - You are encouraged to use discretion while
browsing the Internet
on
searches initiated at Storstac.com.
Storstac.com’s links may lead unintentionally
to sites containing information that some people may
find inappropriate or offensive. It may also lead to
sites that contain inaccurate information, false or
misleading advertising, or information that violates
copyright, libel or defamation laws.
Since Storstac.com has no control over such sites
and resources, you acknowledge and agree that Storstac.com
is not responsible for the availability of such external
sites or resources and does not endorse and is not
responsible or liable for any content, advertising,
products, or other materials on or available from such
sites or resources.
E. LIMITED LICENSE - By this Agreement, Storstac.com
grants, subject to the Terms of Use, only a limited,
non-transferable and non-exclusive license to use the
software and documentation necessary to access, explore
and otherwise use Storstac.com in real time and to
use the materials in Storstac.com in a manner consistent
with paragraph F (Copyright) below.
F. COPYRIGHT - The entire contents of Storstac.com
are copyrighted as a collective work under the laws
of Canada and other copyright laws. Storstac.com holds
the copyright in the collective work. The collective
work includes works that are the property of the Information
Providers that are also protected by copyright and
other intellectual property laws.
You may display, subject to any expressly stated restrictions
or limitations relating to specific material, and download
portions of the material from the different areas of
Storstac.com solely for your own non-commercial use,
unless otherwise permitted. Any redistribution retransmission
or publication of any copyrighted material is strictly
prohibited without the express written consent of the
copyright owner. You agree not to change or delete
any proprietary notices from materials downloaded from
Storstac.com.
G. LICENSES AND IDEA SUBMISSIONS - You agree to grant
to Storstac.com a non-exclusive, worldwide, royalty-free,
perpetual license, with the right to sublicense, to
reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any
materials and other information (including, without
limitation, ideas contained therein for new or improved
products or services) you submit to public areas of
Storstac.com by all means and in any media now known
or hereafter developed. You hereby waive your moral
rights in any such materials and information, and you
hereby warrant that any such materials and information
are original with you, or that you have the right to
submit such materials and information. You agree that
you shall have no recourse against Storstac.com for
any alleged or actual infringement or misappropriation
of any proprietary right in your communication to us.
H.
INDEMNIFICATION - YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD STORSTAC.COM,
ITS OFFICERS,
DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, HARMLESS
FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S
FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO
OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT
THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR
CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TERMS
OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
I. WAIVER, RELEASE AND LIMITATION OF LIABILITY - YOU
AGREE THAT NEITHER STORSTAC.COM, NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER
ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION
WITH YOUR USE OF STORSTAC.COM.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS
YOU MAY HAVE AGAINST STORSTAC.COM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS
FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH
YOUR USE OF STORSTAC.COM.
NOTWITHSTANDING THE FORGOING PARAGRAPH, THE TOTAL
LIABILITY OF STORSTAC.COM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS,
IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE
FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION
OR SERVICE PROVIDED. IN NO EVENT SHALL STORSTAC.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES
OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE
INFORMATION ARE HEREBY EXCLUDED EVEN IF STORSTAC.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
J. THIRD PARTY RIGHTS - The provisions of paragraph
H (Indemnification) and I (Waiver, Release and Limitation
of Liability) are for the benefit Storstac.com and
its officers, directors, employees, agents, licensors,
suppliers, and Information Providers. Each of these
individuals or entities shall have the right to assert
and enforce those provisions directly against you on
its own behalf.
K. TERMINATION - Either you or Storstac.com may terminate
your right to use Storstac.com at any time, with or
without cause, upon notice. The provisions of paragraphs
F (Copyright), G (Licenses and Idea Submissions), H
(Indemnification), I (Waiver, Release and Limitation
of Liability), J (Third Party Rights), and N (General
Information) shall survive any termination of the Terms
of Use.
L. NOTICE - Notice to you may be made via either e-mail
or regular mail. The Service may also provide notices
of changes to the Terms of Use or other matters by
displaying notices or links to notices to you generally
on the Service.
M. TRADEMARK INFORMATION - Storstac.com and the Storstac
logo are trademarks of Storstac, Inc. All other trademarks
appearing on the Service are trademarks of their respective
owners.
N. GENERAL INFORMATION - The Terms of Use constitute
the entire agreement between you and Storstac.com and
govern your use of the Service, superseding any prior
agreements between you and Storstac.com.
The
Terms of Use shall be governed by and construed in
accordance with the
laws of the
Province of Ontario.
You agree that any legal action or proceeding between
Storstac.com and you for any purpose concerning the
Terms of Use or the parties’ obligations hereunder
shall be brought exclusively in a court of competent
jurisdiction sitting in the city of Mississauga, Ontario,
Canada.
Storstac.com’s failure to insist upon or enforce
strict performance of any provision of the Terms of
Use shall not be construed as a waiver of any provision
or right. If any provision of the Terms of Use 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 Use remain in full force and effect.
Any cause of action or claim you may have with respect
to Storstac.com must be commenced within one (1) year
after the claim or cause of action arises or be forever
barred. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision
of the Terms of Use. Storstac.com may assign its rights
and duties under the Terms of Use to any party at any
time without notice to you.
The section titles in the Terms of Use are for convenience
only and have no legal or contractual effect.
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