In addition, when using any other services available, the USER shall be subject to any rules, regulations, or guidelines which may be posted from time to time.
By registering an account with gamecycle.ca or utilizing the free services provided, the USER hereby acknowledges that he/she has read and understood this agreement and all terms and conditions that hereby apply.
This Agreement sets forth the terms and conditions which shall apply to the use of gamecycle.ca services by a USER.
No representation, warranty, term or condition, other than as specifically set forth in this Agreement, shall be binding on gamecycle.ca.
An online and updated version of this Agreement is available at any time at: http://gamecycle.ca/site/policies/website-terms-of-use.html.
gamecycle.ca provides the USER with access to various products and services, hereinafter referred to as the SERVICE.
The USER understands and agrees that the SERVICE is provided "AS-IS" and that gamecycle.ca assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any USER communications or personalized settings.
The USER is responsible for obtaining access to the SERVICE and that access may involve third party fees (such as Internet service provider or air time charges).
The USER is responsible for those fees, including those fees associated with the display or delivery of advertisements.
In addition, the USER must provide and is responsible for all equipment necessary to access the SERVICE.
In consideration of the use of the SERVICE, by the USER, USER represents that he/she is of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions.
The USER also agrees to: provide true, accurate, current and complete information about yourself as prompted by the SERVICE's registration form, hereinafter referred to as the REGISTRATION DATA, and; maintain and promptly update the REGISTRATION DATA to keep it true, accurate, current and complete.
If the USER provides any information that is untrue, inaccurate, not current or incomplete, or gamecycle.ca has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, gamecycle.ca has the right to suspend or terminate USER's account and refuse any and all current or future use of the SERVICE (or any portion thereof).
USER agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the SERVICE, use of the SERVICE, or access to the SERVICE.
gamecycle.ca reserves the right at any time to modify or discontinue, temporarily or permanently, the SERVICE (or any part thereof) with or without notice.
USER agrees that gamecycle.ca shall not be liable to any USER or to any third party for any modification, suspension or discontinuance of the SERVICE.
The USER understands and agrees that, except as otherwise expressly provided in the Terms and Conditions of this Agreement, there shall be no third party beneficiaries to this Agreement.
gamecycle.ca may provide the USER with notices, including those regarding changes to the Terms and Conditions of this Agreement, by either email, regular mail, or postings on the SERVICE.
The USER understands and warrants that all information, data, text, software, photographs, graphics, messages or materials, hereinafter referred to as the CONTENT, whether publicly posted or privately transmitted, are the sole responsibility of the USER from which said CONTENT originated.
This means that the USER, and not gamecycle.ca, is entirely responsible for all CONTENT that USER uploads, posts, emails, transmits or otherwise makes available via the SERVICE.
gamecycle.ca does not control the CONTENT posted via the SERVICE and, as such, does not guarantee the accuracy, integrity or quality of such CONTENT.
The USER understands that by using the SERVICE, USER may be exposed to CONTENT that is offensive or objectionable.
Under no circumstances will gamecycle.ca be liable in any way for any CONTENT, including, but not limited to, for any errors or omissions in any CONTENT, or for any loss or damage of any kind incurred as a result of the use of any CONTENT posted, emailed, transmitted or otherwise made available via the SERVICE.
Furthermore, the USER agrees and understands that the SERVICE shall not be used for the following: upload, post, email, transmit or otherwise make available any CONTENT that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; upload, post, email, transmit or otherwise make available any CONTENT that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; upload, post, email, transmit or otherwise make available any CONTENT that contains child pornography, beastiality, sexually explicit photographs, or nudity of any kind; impersonate any person or entity, including but not limited to, gamecycle.ca customer service representative or an official representative, or falsely state or otherwise misrepresent USER's affiliation with another person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any CONTENT transmitted through the SERVICE; upload, post, email, transmit or otherwise make available any CONTENT that the USER does not have the right to make available under any law or under contractual or fiduciary relationships ( such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); upload, post, email, transmit or otherwise make available any CONTENT that infringes any patent, trademark, trade secret, copyright or other proprietary rights, hereinafter referred to as the RIGHTS of any party; upload, post, email, transmit or otherwise make available any unsolicited advertising, promotional materials, "JUNK MAIL", "SPAM", "CHAIN LETTERS", or "PYRAMID SCHEMES".
"SPAMMING" is strictly prohibited.
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; 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; intentionally or unintentionally violate any applicable municipal, provincial, national or international law; harvest, collect or store personal data or information about other USER's.
The USER acknowledges that gamecycle.ca may not pre-screen CONTENT, but that gamecycle.ca and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any CONTENT that is available via the SERVICE.
Without limiting the foregoing, gamecycle.ca and its designees shall have the right to remove any CONTENT that violates the Terms and Conditions of this agreement, or is otherwise objectionable.
The USER further agrees that USER must evaluate, and bear all risks associated with, the use of any CONTENT, including any reliance on the accuracy, completeness, or usefulness of such CONTENT.
In this regard, you acknowledge that you may not rely on any CONTENT created by gamecycle.ca or submitted to gamecycle.ca, including without limitation information in gamecycle.ca "Forums", "Chat Rooms", and in all other parts of the SERVICE.
The USER further acknowledges, consents, and agrees that gamecycle.ca may access, preserve, and disclose USER's account information.
REGISTRATION DATA, and CONTENT if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with a legal process; enforce the Terms and Conditions of this Agreement; respond to claims that any CONTENT violates the RIGHT or RIGHTS of third-parties; respond to a USER's request for customer service or; protect the RIGHTS, property, or personal safety of gamecycle.ca, its users and the public.
The USER understands, consents and agrees that the technical processing and transmission of the SERVICE, including USER's CONTENT, may involve: transmissions over various networks, and; changes to conform and adapt to technical requirements of connecting networks or devices.
The USER understands that the SERVICE and software embodied within the SERVICE may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by gamecycle.ca and/or content providers who provide content to the SERVICE.
The USER may not attempt to override or circumvent any of the usage rules embedded into the SERVICE.
Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SERVICE, in whole or in part, is strictly prohibited.
USER agrees, understands, and consents to indemnify and hold gamecycle.ca, and its USERs, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of CONTENT submitted by said USER, post, transmit or make available through the SERVICE, USER's use of the SERVICE, USER's connection to the SERVICE, USER's violation of the Terms and Conditions of this agreement, or the violation of any rights of another.
The USER acknowledges and agrees that the SERVICE and any necessary software used in connection with the SERVICE (\"Software\") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
The USER further acknowledges and agrees that CONTENT contained in sponsor advertisements or information presented through the SERVICE or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by gamecycle.ca or advertisers, the USER agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the SERVICE or the SOFTWARE, in whole or in part.
gamecycle.ca grants the USER a personal, non-transferable and non-exclusive right and license to use the object code of its SOFTWARE on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, 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 SOFTWARE.
USER agrees not to modify the SOFTWARE in any manner or form, or to use modified versions of the SOFTWARE, including (without limitation) for the purpose of obtaining unauthorized access to the SERVICE.
USER agrees not to access the SERVICE by any means other than through the interface that is provided by gamecycle.ca for use in accessing the SERVICE.
Further, the USER, is hereby granted a non-exclusive, limited, revocable right to use gamecycle.ca provided trademarks and banners.
All images, technology and content provided for USER use is and shall remain the sole property of the SERVICE and gamecycle.ca, and no part thereof shall be deemed assigned or licensed to an USER except as explicitly provided for herein.
USER may not modify the copyrights, trademarks, service marks, patents, banners, or the CONTENT made available for licence.
Use of this SERVICE is at USER's sole risk.
The SERVICE is provided on an \"AS IS\" and \"AS AVAILABLE\" basis.
gamecycle.ca expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
gamecycle.ca makes no warranty that: The SERVICE will meet your requirements, The SERVICE will be uninterrupted, timely, secure, or error-free, The results that may be obtained from the use of the SERVICE will be accurate or reliable, The quality of any products, services, information, or other materials purchased or obtained by the USER through the SERVICE will meet your expectations, and Any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the SERVICE is done at your own discretion and risk and that the USER will be solely responsible for any damage to their computer system or loss of data that results from the download of any such materials.
No advice or information, whether oral or written, obtained by the USER from gamecycle.ca or through or from the SERVICE shall create any warranty not expressly stated in the Terms and Confitions of this Agreement.
A small percentage of USER's may experience Epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the SERVICE.
Certain conditions may induce previously undetected epileptic symptoms even in USERS who have no history of prior seizures or epilepsy.
If YOU the USER, or anyone in said USER's family have an epileptic condition, consult your physician prior to using the SERVICE.
Immediately discontinue use of the SERVICE and consult your physician if you experience any of the following symptoms while using the SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
The use or the inability to use the SERVICE; The cost of precurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or message received or transactions entered into through or from the SERVICE; Unauthorized access to or alteration of your transmissions or data; Statements or conduct of any third party on the SERVICE OR; Any other matter relating to the SERVICE.
The Terms and Conditions of this Agreement constitute the entire agreement between you, the USER, and gamecycle.ca and govern said use of the SERVICE, superceding any prior agreements between you and gamecycle.ca.
The USER also may be subject to additional terms and conditions that may apply when using or purchasing certain other services, USER services, third-party content or third-party software.
Choice of Law and Forum.
The Terms and Conditions of this Agreement and the relationship between the USER and gamecycle.ca shall be governed by the laws of the Province of Ontario, and the country of the Canada, without regard to its conflict of law provisions.
The USER and gamecycle.ca agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Canada, in the County of Essex.
Waiver and Severability of Terms.
The failure of gamecycle.ca to exercise or enforce any right or provision of the Terms and Conditions of this Agreement shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions of this Agreement 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 and Conditions of this Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability.
The USER agrees that USER's gamecycle.ca account is non-transferable and any rights to USER's CONTENT within USER's account terminate upon said USER's death.
Upon receipt of a copy of a death certificate, USER's account may be terminated and all contents therein permanently deleted.
Statute of Limitations.
USER agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SERVICE or the Terms and Conditions of this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions of this Agreement are for convenience only and have no legal or contractual effect.