These terms ("Terms") constitute a legal agreement ("Agreement") which governs any use by you of kandysoftwareinc.com (the "Site") and all of the products, software, services, and web sites (collectively, the "Services") offered by Kandy Software Inc., (the "Company").
By accessing the Site and/or using any of the Services, you agree to be bound by all of the conditions of this Agreement. If you do not agree with any of the Terms in this Agreement or the privacy policy, do not use the Site or the Services. Your activities on the Site or use of the Services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein. The Company reserves the right to modify the Terms of this Agreement, at its sole discretion, with or without notice to you. Your continued use of this Site or the Services after the posting of changes to this Agreement will constitute your acceptance of such changes.
The use of the Site and/or the Services is also governed by our Privacy Policy.
You must be at least 18 years old to visit or use the Site and/or its Services. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, with or without notice. You may terminate your account by clicking Delete Account button in Account Settings.
Your right to use the Site and Services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Site and Services at any time, including the availability of any Service feature, database or content.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any unauthorized use of your username or password or any other breach of security, and ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You will not use the Site and the Services to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
You will not "frame" or "mirror" any part of the Service or the Website, without the Company's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Site or the Service in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or the Services or any software used on or for the Site or the Services or cause others to do so.
You are solely responsible for, and assume all liability regarding, the information and content you contribute to the Site and the Services; the information and content you post, transmit, publish, or otherwise make available through the Site and the Services; and your interactions with other Registered Users through the Site and the Services.
You will not use the Site or the Services for chain letter, junk mail or spam e-mails, spimming, phishing, trolling, or similar activities.
You will not use the Site and the Services to infringe the privacy rights, property rights, or any other rights of any person
You will not use the Site and the Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
You will promptly report to the Company any violation of the Agreement by others.
You will not use the Site and the Services to distribute or upload any virus, trojan horses, worms or do anything else that might cause harm to the Company's systems or to other members' systems in any way
You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger", telephone numbers, street addresses, postal addresses, URLs, web pages, or full names through your publicly posted information
You will not disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes.
You will not post or transmit video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian)
You will not post or transmit any material that promotes or enables illegal activities.
You will not provide inaccurate, misleading or false information to the Company or to any other user.
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Site and the Services. The Company DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. The Company makes no guarantees, regarding your ultimate compatibility with individuals you meet through the Site and Services.
The Company reserves the right, but has no obligation, to monitor the information or material you submit to the Site and the Services or post in the public areas of the Site and the Services. The Company reserves the right to remove any such information or material at any time at its sole discretion.
The Company reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the Site and the Services.
The Company may display advertising through the Site and the Services in its sole discretion. You may not block such advertisements or any service announcements, administrative messages, or other communications from the Company, the receipt of which are a condition of your use of the Site and the Services.
You hereby acknowledge and agree that the Company is the owner of all proprietary information and retains all proprietary rights in the Site and the Services, including but not limited to, all Confidential Information.
Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any material on the Site or the Services for any purpose.
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any confidential information or other copyrighted material, trademarks, or other proprietary information accessible via the Site and the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
By posting information or content to any pages or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
The Company is not responsible for the content of any linked site and the inclusion of any link does not imply that the Company endorses or accepts any responsibility for the content on such third-party web site. Any dealings with advertisers found on or through the Site and the Services are solely between you and such advertiser. You agree that the company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site and the Services.
YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THE COMPANY GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SITE AND/OR THE SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT:ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE AND THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE AND THE SERVICES, ANY USER OR ANY THIRD PARTY SITE.
THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICES.
THE COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH REGISTERED USERS OF THE SITE AND THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
You agree that this Agreement will be governed by the Laws of the Province of Alberta, Canada, without giving effect to its conflicts of law principles. In the event of any dispute arising out of or relating to this Agreement, the Site or the Services, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion. Any dispute that cannot be resolved in accordance with the foregoing principle, will be subject to the exclusive jurisdiction and venue of The Provincial Court of Alberta and The Court of Queen's Bench, in the city of Calgary, province of Alberta, for the resolution of any such dispute.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which the Company may suffer from your activities on or use of the Site and the Services, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify the Company by sending an email to admin@kandysoftwareinc.com and provide the following information:
This Agreement contains the entire agreement between you and the Company regarding the use of the Site and/or the Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision 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 Agreement shall remain in full force and effect.
You agree that your account is non-transferable and any rights to your username or content within your account terminate upon your death or deletion of your account.
You agree 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 Site or the Services or these Terms must be filed within one hundred and eighty (180) days after such claim or cause of action arose or be forever barred.
You acknowledge that: You are entering into this Agreement voluntarily and without any duress or undue influence; You have carefully read this Agreement and fully understand its terms, consequences, and binding effect; You understand that by using the Site and/or the Services, you agree to be bound by this Agreement.
This Agreement was last updated on February 17, 2010.