1. Introduction
1.1. These Terms and Conditions of Online Service govern your use of any and all websites, mobile applications, or other online platforms or services owned or operated by Sub1313 Development Corporation Ltd or any of its affiliates or subsidiaries (collectively, "SUB1313"), including without limitation any third-party platform on which interactions with you and SUB1313 take place (collectively, the "Online Services").
1.2. The Online Services are made available to you subject your compliance with these Terms and Conditions of Online Service and SUB1313's Privacy Policy (the "Privacy Policy", and together with these Terms and Conditions of Online Service, collectively, the "Terms").
1.3. By accessing, or otherwise using, the Online Services, you agree to be bound by and comply with the Terms.
1.4. You represent that you understand and can agree with the Terms.
1.5. If you do not agree to be bound by and comply with the Terms, you are not permitted to access or use the Online Services.
2. Permitted Uses
2.1. The Online Services may contain information, data, numerical figures, advertisements, and other written materials (collectively, the "Material").
2.2. The Material is provided to you solely for informational purposes.
2.3. You may access and use the Online Services, including without limitation the Material, only in accordance with all applicable laws and the Terms.
2.4. Subject to the Terms, SUB1313 grants you a non-exclusive, non-transferable and revocable licence to access and use the Online Services, including without limitation the Material, only to display or save on your own computer, or download and print a copy of the Material for your use, provided that the Material is not modified by you (the "Permitted Uses"). For greater certainty, by accessing, using, displaying, saving, downloading, or printing a copy of any of the Online Services, including without limitation any of the Material, you do not acquire any other right or licence to the Online Services or the Material.
2.5. The Online Services may provide links to other parties' websites.
2.6. Any content in any website to which the Online Services provides a link is not provided by or under the control of SUB1313, and if you choose to access any such website, you do so entirely at your own risk.
2.7. SUB1313 does not endorse any content contained in or on any website that links to, or may be linked from, the Online Services and SUB1313 does not provide any representation, warranty or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or content thereon.
3. Prohibited Activities
3.1. You shall not access or use the Online Services, including without limitation the Material, in any way, or for any purpose, that is unlawful.
3.2. Without the prior written consent of SUB1313, you shall not access or use the Online Services, including without limitation the Material, for any purpose that violates the rights of SUB1313 or any other person, or that is outside the scope of the Permitted Uses.
3.3. Without limiting the generality of the foregoing, without such consent, you shall not use any portion of the Online Services, including without limitation the Material, to:
- (a) Make available, distribute, display, post, disseminate, publish, republish, retransmit, communicate, or broadcast to the public;
- (b) Create a derivative work, modify, translate, select, arrange, merge, compile or otherwise combine the Online Services including without limitation the Material with other data or other content;
- (c) Scrape, including without limitation online screen scraping and database scraping, or engage in any other activity intended to collect, store, reorganize, summarize or manipulate any of the Material, whether by way of automatic programing or otherwise;
- (d) Sell, license, sublicense or engage in any other commercial transaction relating to the Online Services, including without limitation the Material, or reproduce all or any portion thereof in any medium;
- (e) Decompile, disassemble, reverse engineer or perform any other exploitation of the Online Services', including without limitation the Material's, architecture or underlying software or code; and
- (f) Engage in any activity that is outside the scope of activity permitted by the Terms.
4. Copyright
4.1. You acknowledge that the Material is protected by copyright or otherwise owned by, or licensed to, SUB1313, including without limitation all:
- (a) text, data and other literary works;
- (b) logos, designs, graphics, images, photographs, artwork and other artistic works;
- (c) musical works and other sounds;
- (d) videos and all audio-visual works;
- (e) performances;
- (f) other materials;
- (g) selections, arrangements, compilations, modifications and enhancements of all of the foregoing;
- (h) software, including program code that may execute on the Online Services' servers or that may be embedded or be downloadable from individual webpages on the Online Services; and
- (i) the architecture and layout of websites and webpages thereon.
5. Risks You Assume
5.1. You acknowledge that your access to, use of, or downloading of, the Online Services, including without limitation the Material, is done at your own risk.
5.2. SUB1313 does not represent, warrant, or guarantee that the Online Services, including without limitation the Material, is compatible with any computer system or free of viruses, worms, trojan horses, or disabling devices or other code that has harmful effects, including without limitation any contaminating or destructive properties.
5.3. You acknowledge that you are responsible for implementing safeguards to protect the security and integrity of your computer system and mobile system.
5.4. You acknowledge that you are responsible for the entire cost of any service, repairs to your computer system that may be necessary as a result of your access to, and use of, the Online Services including without limitation the Material.
6. Limitation of Liability
6.1. THE ONLINE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIAL, ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS TO, AND USE OF, THE ONLINE SERVICES OR THE MATERIAL IS AT YOUR OWN RISK.
6.2. SUB1313 DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THE ONLINE SERVICES OR THE MATERIAL.
6.3. SUB1313 DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE ONLINE SERVICES OR THE MATERIAL.
6.4. TO THE FULLEST EXTENT PERMITTED BY LAW, SUB1313 DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE ONLINE SERVICES AND THE MATERIAL WHETHER EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND RELATED RIGHTS, OR THAT THE ONLINE SERVICES OR THE MATERIAL ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
6.5. IN NO EVENT WILL SUB1313 BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT SUB1313 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE ONLINE SERVICES OR THE MATERIAL.
7. General
7.1. The Terms, including any documents referenced herein, constitute the entire agreement between you and SUB1313 pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SUB1313 with respect to the Online Services, including without limitation the Material.
7.2. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
7.3. Any failure by SUB1313 to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or right.
7.4. If any of the provisions contained in the Terms are determined to be void, invalid, or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.
8. Disputes
8.1. If SUB1313 determines that any breach or other violation of the Terms, or any violation of the intellectual property, privacy or other rights of SUB1313, has resulted in or will result in immediate or irreparable harm to SUB1313, SUB1313 may seek relief in the way of interim, temporary, or permanent injunctions and such other and further relief as a court may deem just and proper. You hereby consent and submit to the jurisdiction of the courts of the Province of British Columbia and the Federal Court of Canada in any such action or proceeding and agree not to commence any action or proceeding except in Kelowna, British Columbia, Canada.
9. Governing Law
9.1. The interpretation, validity, effect and enforcement of the Terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. These laws apply to the access and use of the Online Services, including without limitation the Material, by you notwithstanding any conflicts of laws principles, your domicile, residency or physical location, or the location of any SUB1313 office or retail location, or any personnel of SUB1313 with whom you may communicate or deal.
9.2. The Online Services, including without limitation the Material, are intended for use only in jurisdictions where they may lawfully be provided for use.
10. Amendments
10.1. SUB1313 reserves the right to amend or otherwise update or modify the Terms at any time.
10.2. By accessing or using the Services after any updates or modifications of the Terms, you agree to be bound by, and comply with, the Terms then posted. If any amendment or other modification is not acceptable to you, you must cease accessing and using the Online Services, including without limitation the Material.