Updated: August 2012
You are responsible for providing all equipment and software necessary to connect to the Site and you are responsible for any fees, including internet connection, mobile data services and similar fees that you incur when accessing the Site.
Parents/Guardians of Minors
Trial Service Acknowledgement
You acknowledge that we may, but are not obligated to, offer certain ..duos and/or accounts on a trial and/or promotional basis. You further acknowledge and agree that we may limit the number and usage of such ..duos and/or accounts in our sole and absolute discretion.
Laws and Regulations
Your access to and use of the Site is subject to all applicable international, federal, provincial and local laws and regulations.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Provider or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Violation of Third Party Rights
You represent, warrant and covenant that all materials of any kind that are uploaded to or transmitted through the Site will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trademark, service mark, trade dress, patent, privacy or other personal or proprietary rights of any such third parties. You further represent, warrant and covenant that your use of any ..duos will not violate or infringe upon the trademark, service mark, trade dress or other proprietary rights of any third party. Without limiting any other rights and remedies of the Provider, the Provider may suspend the operation and use of any ..duos that it determines, acting reasonably but in its sole and absolute discretion, that the continued use of the ..duos will infringe on the proprietary rights of any third party. Provider may terminate the privileges of any user who utilizes the Site to unlawfully transmit, link or otherwise provide access to copyrighted material without a valid license, express consent of the copyright owner or a fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of the Provider, in its sole discretion.
It is the Provider’s policy to respond to notices of alleged copyright infringement that are made in compliance with the Digital Millennium Copyright Act of 1998. If you wish to provide notice of alleged copyright infringement, you must provide the necessary information in the form required by 17 U.S.C. Section 512 as set out in the Copyright section of the Site. Provider may, in its sole and absolute discretion, terminate or suspend access to the Site, or any portion thereof, and/or cancel the Account of any user who repeatedly infringes or who is repeatedly alleged to have infringed the copyright or other intellectual property rights of third parties. Provider accommodates and does not interfere with standard digital rights management and other technical measures employed by copyright owners to protect their proprietary materials.
YOU MAY NOT SELL, ASSIGN OR SUBLICENSE ANY ..DUOS REGISTERED BY YOU ANY ANY ATTEMPT TO DO SO WILL ENTITLE PROVIDER, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CANCEL YOUR REGISTRATION AND, IN SUCH EVENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF FEES PAID TO PROVIDER BY YOU. WITHOUT LIMITING THE FOREGOING, IF THE PROVIDER DETERMINES, ACTING REASONABLY BUT IN ITS SOLE AND ABSOLUTE DISCRETION, THAT YOU HAVE REPEATEDLY VIOLATED THE PROHIBITION ON SALE, ASSIGNMENT AND SUBLICENSING OF ..DUOS , PROVIDER MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, SUSPEND AND/OR CANCEL ALL OF YOUR OTHER ..DUO KEYWORD REGISTRATIONS AND MAY CANCEL YOUR ACCOUNT, ALL WITHOUT REFUND OF ANY FEES PAID TO PROVIDER BY YOU.
..duo Registration System
1. Promotional ..duo Registrations
The term of all promotional ..duo registrations will end thirty (30) days after the Provider sends written notification of termination to the then current e-mail address provided by you for your user account (see below under the heading “User Accounts”). Where practical, the Provider may also provide a general announcement of the termination date for any or all promotional ..duo registrations. Provider is not responsible for your failure to receive or review any termination notice.
2. Purchased ..duo Registrations
User Names and Passwords
When you register an Account, you will be required to select a user name (which must be a valid e-mail address) and depending on how the account is created you will either be assigned a randomly generated password or select your own password which you may change at any time (the “Login Information”). Your user name may be publicly visible in certain areas of the Site. For this reason, you should avoid choosing a user name that could compromise the security of any of your personal information. We reserve the right to reject and/or remove any user name and to require you to choose a different user name at any time and for any reason in our sole and absolute discretion, including but not limited to where a third party claims that the user name violates its rights. You agree that you will not select or use a user name that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity or for falsely creating the appearance that you are associated with the person or entity. You agree that you will not select or use a user name in which another person or entity has legal rights unless you have that person or entity’s express permission to do so. You agree that you will not select or use a user name that a reasonable person would consider to be offensive.
You are solely responsible for preserving the confidentiality of your password and the Account and you are solely and completely responsible for all activities that occur within or through your Account and under your password. You should not provide your password to anyone else and you should change your password regularly and any time you believe that another person has knowledge of your password. You are not permitted to share your Account or Login Information or to allow any other person to access to your Account. You agree to notify us immediately if you become aware of any unauthorized use of your password or your Account, or any other security breach involving your Account or the Site at [email@example.com]. We are not responsible for any unauthorized access to your Account even if you have advised us of a security breach. You will be responsible for all activities that occur through your Account, including but not limited to purchases, whether or not such activities have been authorized by you.
Accessing Your Account
Each time that you log into and access the Account, you represent and warrant that:
(a) you are the person who registered the Account;
(b) all of the personal information currently submitted by you in connection with the Account is complete and accurate;
(d) you are accessing the Site solely for your own personal purposes;
(e) you are not, and are not acting on behalf of, any competitor or prospective competitor of the Provider;
(f) you are not accessing the Site for the purposes of any dispute or litigation involving the Provider;
(g) you are not accessing the Site for any illegal purpose or to advertise, solicit or communicate and advertisements, and
(h) you will logoff and exit the Account at the end of each session.
Transmission of Personal Data
User acknowledges and agrees that by providing Provider with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Provider’s standard business practices. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Provider is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Provider is under no obligation to review any messages, information or content (“Postings”) posted in any public or private area within the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Provider may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
(a) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(b) advertisements or solicitations of any kind;
(c) messages posted by users impersonating others;
(d) personal information such as messages which state phone numbers, government issued identification numbers, account numbers, addresses, or employer references;
(e) messages by non-spokesperson employees of Provider purporting to speak on behalf of Provider or containing confidential information or expressing opinions concerning Provider;
(f) messages that offer unauthorized downloads of any copyrighted or private information; or
(g) multiple messages placed within individual folders by the same user restating the same point.
ALL CONTENT, PRODUCTS AND SERVICES ON THE SITE, OR OBTAINED FROM A WEB SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PROVIDER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR A LINKED SITE BY ANY PARTY OTHER THAN PROVIDER, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL PROVIDER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability For Use of the Site and Linked Sites
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PROVIDER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. PROVIDER MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME. YOU AGREE THAT PROVIDER, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF PROVIDER IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. PROVIDER CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE PROVIDER BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL FEES PAID BY YOU TO PROVIDER.
Limitation of Liability for Services Arranged Through the Site
YOU AGREE THAT PROVIDER IS A MERE RESPRESSENTATIVE FOR THE SUPPLIERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH SERVICE SUPPLIERS. PROVIDER HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE PROVIDER FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE PROVIDER BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL FEES PAID BY YOU TO PROVIDER.
Linked Internet Sites
Provider prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Provider reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Provider is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Unauthorized Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Use of “Cookies”
You acknowledge and agree that the Site and the products and services accessible through it are under continual development and may include either public updates, which a generally available to all users, or private updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public updates to the Site from time to time in order to continue to access the Site and your Account and User Content. You acknowledge and agree that the Provider may update, modify and/or discontinue any aspect of the Site and the associated products and services with or without prior, or any, notice to you. You acknowledge that it may be necessary for you to update or upgrade third party software from time to time in order to continue to access the Site and your Account and User Content.
By electing to access this Site from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site is in compliance with all laws applicable within that other jurisdiction. Provider makes no representation that materials, products and services available on or through the Site are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Site from any jurisdiction in which the Content is illegal and/or accessing the Site is illegal. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations.
Waiver and Severability
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Provider, which consent may be withheld in Provider’s sole discretion, and any attempted assignment in violation of the foregoing is void. Provider may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site and/or the business and undertaking of the Provider.
Any failure to perform any obligation hereunder, except for your obligation to make payments hereunder, shall be excused to the extent such failure is caused by any controlling law, order, or regulation, or by any acts of war, acts of public enemies, fires, floods, acts of God, or any other contingency beyond the control of the Provider or you (as the case may be), but only for so long as said law, order, regulation or contingency continues.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. The venue of the arbitration shall be Vancouver, British Columbia, Canada.
Time of the Essence
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.