FWD - TERMS AND CONDITIONS
HIGHLIGHTS OF THIS DOCUMENT
Quattriuum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Quattriuum Media or any portion thereof with or without notice. You agree that Quattriuum shall not be liable to you or to any third party for any modification, suspension or discontinuance of Quattriuum Media or any portion thereof.
To use the services available on Quattriuum Media, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Quattriuum Media’s registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that Quattriuum may use your User Data to provide services on the Quattriuum Media for which you have expressed interest. If you provide any information that is inaccurate or not current, or Quattriuum has reasonable grounds to suspect that such information is inaccurate or not current, Quattriuum has the right to suspend or terminate your account and refuse any and all current or future use of Quattriuum Media. In consideration of your use of Quattriuum Media, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into Quattriuum Media. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Quattriuum Media or its contents. You agree to immediately notify Quattriuum of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Quattriuum.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with Quattriuum Media are the sole responsibility of the person from whom such Content originated. This means that you, and not Quattriuum, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Quattriuum Media. Quattriuum does not control or monitor the Content posted on Quattriuum Media by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Quattriuum Media, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Quattriuum be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on Quattriuum Media.
You agree to not use Quattriuum Media to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Quattriuum official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available 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 or hardware or telecommunications equipment; (h) interfere with or disrupt Quattriuum Media or servers or networks connected to Quattriuum Media, or disobey any requirements, procedures, policies or regulations of networks connected to the Quattriuum Media; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) Quattriuum Media or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Quattriuum Media. You acknowledge that Quattriuum may or may not pre-screen or monitor Content, but that Quattriuum and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via Quattriuum Media. Without limiting the foregoing, Quattriuum and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with Quattriuum Media, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Quattriuum may access, preserve and disclose your User Data and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Quattriuum, its users and the public. Subject to the foregoing, Quattriuum will use reasonable efforts to maintain the confidentiality of your User Data and Content.
Quattriuum Media are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of Quattriuum Media, use of Quattriuum Media or access Quattriuum Media.
CONTENT SUBMITTED TO THE PUBLIC ZONE
"Public zone" means an area, site or feature offered as part of any Quattriuum Media that offers the opportunity for users to submit content ("User Submissions") for viewing by one or more Quattriuum Media users, including without limitation a message board, technical data, events, forum, social community environment, conversation page, or blog.
You acknowledge that Public zone and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public zone. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, Quattriuum or any other third party. You may be held legally responsible for damages suffered by other users, Quattriuum or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to a Quattriuum Media. Quattriuum is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the User Submissions you distribute on or through any Quattriuum Media in any Public zone and for the consequences of submitting and posting same. We have no duty to monitor any Public zone. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission.
By submitting material to any Quattriuum Media, you also permit any other user to access, view, store or reproduce the material for that user's personal use.
By submitting material to any Quattriuum Media, you automatically grant, or warrant that the owner of such material has expressly granted, Quattriuum the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You hereby grant Quattriuum the right to edit, copy, publish and distribute any material you make available on any Quattriuum Media.
The Quattriuum Media may provide, or third parties may provide, links to other Internet sites or resources. Because Quattriuum has no control over such sites and resources, you acknowledge and agree that Quattriuum 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.
You are granted a limited, non-exclusive right to create a text hyperlink to the Quattriuum Media, provided such link does not portray Quattriuum or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Quattriuum Media for your personal, non-commercial use, solely as described on the Quattriuum Media. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
INTERACTIONS WITH QUATTRIUUM MEDIAS USERS
The Quattriuum Media functions as a venue to connect members in a virtual information place. As a neutral facilitator, Quattriuum is not directly involved in the actual transactions between members of the Quattriuum Media. As a result, Quattriuum has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Quattriuum Media. Quattriuum shall have no responsibility to confirm the identity of members. Quattriuum shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Quattriuum Media. You shall at all time exercise common sense and good judgment when dealing with any user of the Quattriuum Media.
The Quattriuum Media may provide you with the ability to send emails, post messages to user forums, enter chat rooms or send similar messages and communications to other users and/or Quattriuum. You agree to use communication methods available on the Quattriuum Media only to send communications and materials related to the subject matter for which Quattriuum provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the Quattriuum Media, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Quattriuum (unless expressly stated otherwise by Quattriuum) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Quattriuum in any manner, though Quattriuum reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the Quattriuum Media, any necessary software used in connection with the Quattriuum Media (if any) and any Content available on the Quattriuum Media contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Quattriuum or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Quattriuum Media, the software or Content available on the Quattriuum Media (other than Content that you may submit), in whole or in part.
Quattriuum grants you a personal, non-transferable and non-exclusive right and license to access and use the Quattriuum Media; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Quattriuum Media. You agree not to access the Quattriuum Media by any means other than through the interface that is provided by Quattriuum for use in accessing the Quattriuum Media.
The term Powershot, the Quattriuum logo and other Quattriuum logos and product and service names are the exclusive trademarks of, and are owned by, Quattriuum Inc., and you may not use or display such trademarks in any manner without Quattriuum's prior written permission. Any third party trademarks or service marks displayed on the Quattriuum Media are the property of their respective owners. Quattriuum reserves all rights not expressly granted hereunder.
We welcome your comments, feedback, suggestions, and other communications regarding the Quattriuum Media and the information and services we make available through the Quattriuum Media (collectively, "Feedback"). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to Quattriuum a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Quattriuum any Feedback that you do not wish to license to us as set forth above.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE QUATTRIUUM MEDIA IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. QUATTRIUUM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. QUATTRIUUM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE QUATTRIUUM MEDIA WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT QUATTRIUUM IS NOT PROVIDING MEDICAL ADVICE VIA THE QUATTRIUUM MEDIA. THE CONTENT PROVIDED THROUGH THE QUATTRIUUM MEDIA, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS QUATTRIUUM MEDIA, AND YOU SHOULD NOT USE THE QUATTRIUUM MEDIA OR ANY CONTENT ON THE QUATTRIUUM MEDIA FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND QUATTRIUUM.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE QUATTRIUUM MEDIA (INCLUDING BUT NOT LIMITED TO PLAYING HOCKEY) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF QUATTRIUUM OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT QUATTRIUUM DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR PLAYING HOCKEY GAMES, CONTEST, GROUP TRAINING OR EVENT THAT UTILIZES QUATTRIUUM’S QUATTRIUUM MEDIA.
YOU EXPRESSLY AGREE TO RELEASE QUATTRIUUM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE QUATTRIUUM MEDIA, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY QUATTRIUUM WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE QUATTRIUUM MEDIA, (d) ANY DELAY OR INABILITY TO USE THE QUATTRIUUM MEDIA EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE QUATTRIUUM MEDIA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF QUATTRIUUM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Quattriuum and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Quattriuum Media, your use of the Quattriuum Media, your athletic activities which generate the Content you post or seek to post on the Quattriuum Media (including, but not limited to, athletic activities in connection with any contests, matches, group tournaments, or other events which Quattriuum sponsors, organizes, participates in, or whose Quattriuum Media is used in connection with), your connection to the Quattriuum Media, your violation of the Terms, or your violation of any rights of another person or entity.
You agree that Quattriuum may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Quattriuum Media. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Quattriuum Media (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Quattriuum Media. Termination of your account may include (x) removal of access to all offerings within the Quattriuum Media, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Quattriuum Media. Further, you agree that all terminations for cause shall be made in Quattriuum's sole discretion and that Quattriuum shall not be liable to you or any third party for any termination of your account or access to the Quattriuum Media.
This Quattriuum Media is controlled by Quattriuum from its offices within Canada. Quattriuum makes no representation that the Content in the Quattriuum Media or the Quattriuum Media are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Quattriuum Media from locations outside of Canada do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Canadian export laws and regulations. Any action related to the Quattriuum Media, the Content or the Terms shall be governed by Quebec law and controlling Canadian law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the province of Quebec for any legal proceedings related to the Quattriuum Media or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Quattriuum Media or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 9, 11, 12, 13, 15 and 16 shall survive termination of your account and/or the Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Quattriuum as a result of the Terms or your use of the Quattriuum Media. The Terms constitute the entire agreement between you and Quattriuum with respect to your use of the Quattriuum Media. The failure of Quattriuum to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Quattriuum. Quattriuum has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Quattriuum Media. Quattriuum's notice to you via email, regular mail or notices or links on the Quattriuum Media shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative 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. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
2014 Quattriuum Inc