The Services are operated in Canada in the Province of Ontario. The Service Provider does not represent that content or materials presented on or through the Services are appropriate or available for use in other locations or jurisdictions. If you access the Services from a jurisdiction other than Canada, you agree that you do so on you own initiative, and are responsible for compliance with local laws.
You may not misuse the Services. For instance, you must not interfere with the Service Provider Services or try to access the services using a method other than the interface and instructions provided by the Service Provider. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations.
You agree that the Service Provider may, in its sole discretion, immediately terminate your Goldeye account and access to the Services without prior notice. You agree that the Service Provider shall not be liable to you nor any third party for any termination of your account or access to the Services. Without limited the foregoing, The Service Provider will terminate you use of the Services upon:
- A request by law enforcement or other government agencies;
- A request by you (self-initiated account cancellations);
- Unexpected technical issues or problems;
- Extended periods of inactivity.
The Service Provider is constantly changing and improving the Services, the Service Provider may add or remove functionalities or features, and may suspend or stop a Service altogether. You can stop using the Services at any time. The Service Provider may also stop providing Services to you, or add or create new limits on the Services at any time.
1.4 System Outages
The Service Provider periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. The Service Provider shall have no liability whatsoever for:
- The resulting unavailability of the Services;
- Any loss of data or transaction cause by planned or unplanned system outages;
- Any resultant delay, misdelivery, or non-delivery of information caused by system outages;
- Any third-party acts or any outages of web host providers of the Internet infrastructure and network external to the Services.
In connection with your use of the services, we may send you service announcement, administrative messages, and other information. You may opt out of these communications.
2. User Accounts
If you are a Registered Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all actions that occur under your password or account with or without your knowledge. You agree to immediately notifythe Service Provider of any breach or your account or suspected breach of your account. The Service Provider cannot and will not be liable, directly or indirectly, for any loss of information for failure to comply with this section.
2.3 Age Restriction
The Services are intended for a general audience. However, children under the age of 13 years are not, without the consent from the child’s parent or legal guardian, permitted to register as a registered member. Parental consent must be verified by an email form the parent to the Service Provider that explicitly grants such parental consent and provides a phone number at which the parent can be reached to validate such consent.
3. Permissions, Ownership, and Licenses
You retain ownership of all Content you submit to the Site (“Your Content”). You represent:
- Your Content is your original work, or has been provided to you or obtained by you from the rightful owner with all necessary permissions; and
- Your Content does not infringe on the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity.
4. Information and Content you Submit
If you post User Generated Content in a public area of the Web Site, that information will be treated as public, non-personal, and non-confidential information. In order to facilitate the posting of this information, whenever you post User Generated Content in a public area of the Site, you automatically grant to us a royalty-free, perpetual, irrevocable, assignable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display User Generated Content alone or as part of other works in any form, media, or technology, and to sublicense such rights.
The Service Provider will not accept or post any Content that has been posted previously, or is currently posted, on any other external website or social media site.
The Service Provider retains the right to remove any, including Content re-posted by the author of the Content, Content from the Website should it be found to be re-posted on an external website.
You agree to indemnify, defend, and hold harmless the Service Provider and all respective servants, employees, and agents from and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from:
- Your use of the Site;
- You violation of any third party right, including without limitation any claims or action based on infringement or violation of intellectual property rights, libel or slander or other defamation, rights or privacy or rights of publicity; and
- And claim that any of Your Content caused damage to a third party.
6. Limitation of Liability
You expressly understand and agree that under no circumstances will the Service Provider be liable to any person or entity for and direct, indirect, special, incidental, consequential, or other damages based on:
- Any use by you of the Site; and
Without limited the foregoing, the Service Provider is not liable for any content accessed on external websites via content on the Site.
These Terms and Conditions constitute the entire agreement between the Service Provider and you pertaining to your use of the Services and, except as specifically set forth herein, supersede any prior agreements between you and the Service Provider relating to the Services. In the event that one or more sections of these Terms and Conditions shall, for any reasons, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in these Terms and conditions. The Service Provider’s failure to insist upon or enforce strict performance of any right or provision of the Terms and conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. You acknowledge that there is no relationship of any type created, including without limitation any agency or fiduciary relationship, as between you and The Service Provider, by virtue of the submission of your Content to the Services and The Service Provider. These Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada as applicable. Each party hereby irrevocably agrees to submit to the exclusive jurisdiction of the court of the Province of Ontario, Canada, without regard to the conflicts of laws principles and to waive any objections based upon venue. The paragraph headings are for convenience only and are not part of the Terms and Conditions.