Terms Of Use (TOS)
This Service Agreement is Version Number 1.1.09 Date: May 23, 2007.
1. INTRODUCTION. For the purpose of this Service Agreement ( "Agreement" ) IGENETIX
CORPORATION of CANADA will be referred to as IGENETIX. "You" and "Your" refer to each
Service User ("Client"). "We", "us" and "our" refer collectively to IGENETIX. This
Agreement explains our obligations to you, and your obligations to us in relation to
the Service(s) provided by IGENETIX. This agreement is legally binding agreement
between you and IGENETIX. IGENETIX operates, from time to time, many different domain
names to represent the Chat Network which is known as the Service. These domain names
and/or the IGENETIX's specific use thereof do not have any obligation to you as
outlined in this agreement. From time to time, many different third party domain names
may use the Service. These domain names do not have any obligation to you as outlined
in this agreement.
2. ACCURATE INFORMATION. You agree to: (1) provide true, current, complete and
accurate information about yourself as required during the registration process and (2)
maintain and update your account information as required to ensure all account
information is current.
3. OWNERSHIP. Except as otherwise set forth herein, all right, title and interest in
and to all, (1) registered and unregistered trademarks, servicemarks and logos; (2)
patents, patent applications, and patentable ideas, inventions, and/or improvements;
(3) trade secrets, proprietary information, and know-how; (4) all divisions,
continuations, reissues, renewals, and extensions thereof now existing or hereafter
filed, issued, or acquired; (5) registered and unregistered copyrights including,
intellectual property, proprietary rights or other rights related to intangible
property which are used, developed, comprising, embodied in, or practiced in connection
with any of Services identified herein ( "IGENETIX Intellectual Property Rights" ) are
owned by IGENETIX, and you agree to make no claim of interest in or ownership of any
such IGENETIX Intellectual Property Rights. You understand and agree that no title to
the IGENETIX Intellectual Property Rights is transferred to you, and that you do not
obtain any rights, express or implied, in the Service, other than the rights expressly
granted in this agreement. To the extent that you create any Derivative Work ( defined
as any work that is based upon one or more pre-existing versions of a work provided to
you, such as an enhancement or modification , revision, translation, abridgement,
condensation, expansion, collection, compilation, or any other form in which such
pre-existing works may be recast, transformed or adapted) such Derivative Work shall be
owed by IGENETIX and all right, title and interest in and to each such Derivative Work
shall automatically vest in IGENETIX. IGENETIX shall have no obligation to grant you
any right in any such Derivative Work.
4. EXCLUSIVE REMEDY. You agree that our entire liability, and your exclusive remedy,
in law, in equity, or otherwise, with respect to any Service provided under this
agreement and/or for any breach of this agreement is solely limited to the a maximum of
$10 US funds. In no event shall IGENETIX ( including third parties providing services
for and to IGENETIX ) be liable for any indirect, incidental, special or consequential
damages even if IGENETIX has been advised of the possibility of such damages. To the
extent that a judicial region does not permit the exclusion or limitation of liability
as ser forth herein IGENETIX's liability is limited to the extent permitted by law in
such judicial regions. IGENETIX disclaims any and all loss or liability resulting from,
but not limited to: (1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability
resulting from the unauthorized use or misuse of your account name, password or
security authentication; (5) loss or liability resulting from errors, omissions, or
misstatements in any and all information or service(s) provided under this agreement;
(6) loss or liability relating to the deletion of or failure to store e-mail messages.
5. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT
YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS
AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. IGENETX EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IGENETIX MAKES NO WARRANTY THAT SERVICE(S) HEREUNDER WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT
RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR
SERVICES PURCHASED BY YOU FROM A THIRD PARTY.
6. IDEMNITY. You agree to release, indemnify, defend and hold harmless IGENETIX and
any of our ( or their ) contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all liabilities, claims, damages, costs and
expenses, including reasonable attorney's fees and expenses, relating to or arising out
of (a) this Agreement or the breach of your warranties, representations and obligations
under this Agreement, (b) IGENETIX services or your use of such services, including
without limitation infringement or dilution by you , or someone else using our
service(s) from your computer, (c) any intellectual property or other proprietary right
of any person or entity, (d) a violation of any of our operation rules or policies
relating to the service(s) provided, (e) any information or data you supplied to
IGENETIX, including, without limitation, any misrepresentation submission of
information. If in the event we are threatened with a suit or sued by a third party, we
may seek written assurances from you concerning your promise to indemnify us; your
failure to provide those assurances may be considered by us to be a material breach of
this Agreement. We shall have the right to participate in any defence by you of a
third-party claim related to your use of any of the Service, with counsel of our choice
at our own expense. We shall reasonably cooperate in the defence at your request and
expense. You shall have sole responsibility to defend us against any claim, but you
must receive our prior written consent regarding any related settlement. The terms of
this paragraph will survive any termination or cancellation of this Agreement.
7. TERMINATION. (a) By You. You may terminate this Agreement upon at least thirty
(30) days written notice to IGENETIX for any reason. Notice of your termination will be
effective on receipt and processing by us. In the event you neglect to request
brokerage of credits from your account prior to the arranged termination of this
Agreement you agree and understand any such said credits are non-refundable.
IGENETIX CORPORATION
Suite 301
829 Norwest Rd.
Kingston, ON CAN
K7P 2N3
(b) By Us. IGENETIX reserves the right, in its sole discretion, to terminate this
Agreement or any part of the Service at any time, without notice or reason given to
you. In the event an account credit balance exists, the member is eligible to request a
credit conversion, as per outlined in this agreement, only upon our ability to verify
account information.
8. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (1) neither the use
of the Service nor the manner in which you intend to use such the Service will directly
or indirectly infringe the legal rights of third party, (2) you have all requisite
power and authority to execute this Agreement and to perform your obligations
hereunder, (3)you warrant that you are over the age of sixteen(16) years; and (4) you
agree to comply with all applicable laws and regulations.
9. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you
agree, during the term of this Agreement, that we may: (1) revise the terms and
conditions of this Agreement; and/or (2) change part of the services provided under
this Agreement at any time. Any such revision or change will be binding and effective
immediately at the time of your continued use of our services. It is your sole
responsibility to review this Agreement in a timely manner. The continued use of the
Service indicates your acceptance of all or part of the revised Agreement.
10. ACCOUNT ACCESS. To access or use the Service or to modify your account, you are
required to establish an account and obtain a login name and password. You authorize us
to process any and all account transactions initiated through the use of your password.
You are solely responsible for maintaining the confidentiality of your password, and
you are responsible for any authorized and/or unauthorized activities, charges and/or
liabilities made through your password. In no event will we be liable for the
unauthorized use or misuse of your login name and password. IGENETIX RESERVES RIGHT TO
TERMINATE YOUR ACCESS WITHOUT REASON OR ADVANCE NOTICE GIVEN TO YOU. Termination of
account access does not release you from their legal obligation as outlined in this
Agreement.
11. PAYMENT PROCESS. You agree to be personally liable for any purchase made on this
web site in the event your credit card company refuses to pay to IGENETIX. You agree
that in the event of unsuccessful billing to your credit card IGENETIX may choose to
accumulate charges that occur during the processing of your accounts and demand payment
for those outstanding charges. By accepting the Terms and Conditions of you are bound
by legal obligation, and agree, to contact IGENETIX regarding any disagreement with the
charges made to your credit card BEFORE contacting your credit card company for the
purpose of cancelling any charges (Charge-Back). You further agree and grant full
rights to IGENETIX enabling IGENETIX to fine you in the amount of $100 US for every
breach of contract relating to aforementioned credit card issue protocol.
12. TAX CONSEQUENCES. You agree that you are responsible for complying with all tax
filings, certifications, notices, rules and regulations, arising our of your actions as
a user on this site including payment of any sales, use, value-added or other taxes,
assessed or due in connection with your receipt of payment for credit conversions and
the filing of any required forms or returns with the appropriate authorities in
connection therewith.
13. NOTICES AND ANNOUNCEMENTS. (a) Except as expressly provided otherwise herein,
all notices to IGENETIX shall be in writing and delivered via overnight courier or
certified mail, return receipt requested to IGENETIX, Attention: Legal Department,
Suite 301, 829 Norwest Road, Kingston, ON CAN K7P 2N3. All notices to you shall be
delivered to your mailing address or e-mail address as provided in your account
information (as updated by you pursuant to this Agreement). (b) You authorize us to
contact you via telephone, e-mail or postal mail regarding information that we deem is
of potential interest to you.
14. SEVERABILITY. You agree that the terms of the Agreement are severable. If any
term or provision is declared invalid or unenforceable, in whole or part, that term or
provision will not affect the remainder of this Agreement; this Agreement will be
deemed amended to the extent necessary to make this Agreement enforceable, valid and,
to the maximum extent possible consistent with applicable law, consistent with the
original intentions of the parties; and the remaining terms and provisions will remain
in full force and effect.
15. ENTIRE AGREEMENT. You agree that this Agreement, the rules and policies
incorporated by reference in this Agreement ( including, without limitation, the code
of conduct and the privacy statement ) are the entire, complete and exclusive agreement
between you and us regarding our services and supersede all prior agreements and
understandings, whether written or oral, or whether established by custom, practice,
policy or precedent with respect to the subject matter of this Agreement.
16. ASSIGNEMENT AND RESALE. Except as otherwise set forth herein, your rights under
this Agreement are not assignable or transferable. Any attempt by your creditors to
obtain an interest in your rights under this Agreement, whether by attachment, levy,
garnishment or otherwise, renders the Agreement void at our option. You agree not to
resell any of the Services without IGENETIX prior expressed consent.
17. GOVERNING LAW. This agreement shall be deemed to have been made in the Province
of Ontario, Canada and the validity, construction, interpretation and enforcement
hereof and the rights of the parties hereto shall be determined under, governed by, and
construed in accordance with the internal laws of the Province of Ontario without
regard to the principles of conflicts of laws. Each party is specifically prohibited
from bringing any action arising from or related to this agreement other than in the
Province of Ontario unless the said action is for the purpose of enforcing a Judgment
already obtained in the Province of Ontario.
18. AGREEMENT TO BE BOUND. Though our online application process or otherwise, or by
use of the Service provided under this Agreement, you acknowledge that you have read
and agree to be bound by all terms and conditions of this Agreement and documents
incorporated by reference.
19. INDEPENDENT PARTIES. Neither party nor their employees, consultants, are
employees or joint ventures of the other party, and they do not have any authority to
bind the other party by contract or otherwise to any obligation. Each party shall
ensure that the foregoing person shall not represent the contrary, either expressly,
implicitly, by appearance or otherwise.
20. WAIVER. No waiver of any provision of this Agreement shall be effective unless
it is in writing and signed by an authorized representative of IGENETIX. The remedies
of IGENETIX under this Agreement shall be cumulative and not alternative, and the
election of one remedy for a breach shall not preclude pursuit of other remedies. The
failure of a party, at any time or from time to time, to require performance of any
obligations of the other party hereunder shall not affect its right to enforce any
provision of this Agreement at a subsequent time, and the waiver of any rights arising
our of any breach shall not be constructed as a waiver of any rights arising our of any
prior or subsequent breach.
21. FORCE MAJEURE. Nether party shall be deemed in default hereunder, nor shall it
hold the other party responsible for, any cessation, interruption or delay in the
performance of its obligations hereunder due to earthquake, flood, fire, storm, natural
disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or
boycott, provided that the party relying upon this section (1) shall have given the
other party written notice thereof promptly and, in any event, within five (5) days of
discovery thereof and (2) shall take all steps reasonably necessary under the
circumstances to mitigate the effects of the force majeure event upon which such notice
is based; provided further, that in the event a force majeure event described in this
Section extends for a period in excess of thirty (30) days in the aggregate, IGENETIX
may immediately terminate this Agreement.
22. HEADINGS. The section headings appearing in the Agreement are inserted only as a
matter of convenience and in no way define, limit, construe or describe the scope or
extent of such section or in any way affect such section.
23. ROOM LIST: The Service utilizes a room List to allow for navigation between
chatroom. You give IGENETIX permission to display your created room or website url
associated with your active chatroom. You may elect to choose an option when creating a
room which requests that the service not display your chatroom. IGENETIX reserves full
rights to choose to display or not display any room on the room list.
24. CHATROOM ACCESS MANAGEMENT: IGENETIX reserves the right to limit or manage the
access to any chatroom.
25. CODE OF CONDUCT. a) IGENETIX does not allow, within its reasonable control,
nudity, which may include without limitation, genitalia or bare chests in chatrooms
that are classified as "Clean" on the Service. IGENETIX and or its appointed
representatives are hereby granted the full rights to kick or ban you at their
discretion, as they see fit, if they observe you or have knowledge thereof to be in
violation of the above condition.
b) "Open" classified chatrooms: This Service is recommended only for people over the
age of 18. ( 21 years of age may be required in some legal jurisdictions ) IF YOU ARE
UNDER 18 YEARS OF AGE YOU ARE NOT PERMITTED ACCESS to the Service. IGENETIX, and
appointed representative(s), are hereby granted full right to request proof of age. If
proof of age cannot be ascertained through reasonable means IGENETIX reserves the right
to ban user in question from the Service until which time appropriate reasonable proof
of age is obtained. Through the use of this Service you warrant and represent that you
are at least 18 years of age and that you have the capacity to understand, agree and to
comply with this policy.
"Clean" classified chatrooms: This Service is recommended for people over the age of
16. IF YOU ARE UNDER YEARS OF AGE YOU ARE NOT PERMITTED ACCESS to the Service.
IGENETIX, and appointed representative(s), are hereby granted full right to request
proof of age. If proof of age cannot be ascertained through reasonable means IGENETIX
reserves the right to ban user in question from the Service until which time
appropriate reasonable proof of age is obtained. Through the use of this Service you
warrant and represent that you are at least 16 years of age and that you have the
capacity to understand, agree and to comply with this policy.
c) You may not use this web site for any illegal or unauthorized purpose.
International users agree to comply with local rules regarding online conduct and
acceptable content. You are completely responsible for your own conduct and management
of data, text, video and audio transferred to and from the web site. You warrant that
you have clear ownership or control of rights for all your managed content. IGENETIX is
hereby granted permission, at its sole discretion, to remove any material from the web
site in which IGENETIX believes to an infringement on the rights of others.
d) The Service may contain, but is not limited to, video/audio broadcasts, text,
photos, and links, which may, from time to time, provide a means of communication
within the Service. At no time will you use such means of communication on this Service
to: (a) defame, abuse, harass, imitate, impersonate, stalk, threaten and violate any or
all legal rights belonging to any other client. (b) distribute or publish fraudulent,
inappropriate, profane or obscene material. (c) spam (d) flood rooms with text. (e)
post disruptive, off topic comments or statements that is intended to incite others to
violate this Code of Conduct or participate in illegal activities.
e) You may not post any material such as software or other information that could
harm other user's computers or would allow others to inappropriately access software or
other web sites.
f) You may not falsely impersonate any authority member from IGENETIX. Nor may you
not falsely impersonate any IGENETIX appointed representatives. An attempt to mislead
or cause harm to the Service or other members will be dealt with appropriate legal
means.
g) You may not sell, barter license, exchange or trade any space provided to you
within the Service. The opportunity provided to you is for your own personal use.
h) You are required to treat others with mutual respect.
i) You may not access a member's accounts. You may not attempt to login to accounts
which are not yours.
j) You may not display, advocate or encourage expressions of violence, bigotry,
racism, hatred, obscenity or profanity on the Service.
k) You may not use the Service to collect or attempt to collect personal information
about third parties without their knowledge or consent.
l) You may not use the Service for commercial purposes.
m) You may not broadcast or stream recorded video and/or pictures.
26) PERMISSION FOR USE. You hereby grant IGENETIX, through use of this Service, the
right to represent your use, content and activity in the Service using various domain
names and links. You confirm that you are aware that the Service is a singular Service
made available through the use of various domain names and links.
27) CREDITS. Credits and purchases made using credits are
non-refundable.
28) CREDIT CONVERSION. IGENETIX, from time to time, may offer an account option,
which may allow members to convert their credits to a cash value. IGENETIX, may at any
time, without reason or notice given to you, remove the credit conversion option from
the Service. IGENETIX reserves the right, without reason, to delay or deny your use of
the credit conversion option. IGENETIX reserves the right to reverse a credit
conversion request. Upon selecting the credit conversion option you grant IGENETIX full
rights to broker those credits to other members seeking to purchase credits on the
Service. Upon successful brokerage of your credit conversion request IGENETIX will make
payment at a rate of 50% cash value to you. Payments are made on the 15th and last day
of each month.
29) PRIVACY POLICY. For the purposes of facilitating compliance with the provisions
of any applicable government privacy legislation you hereby consent to IGENETIX
collection of and use of your personal information necessary to allow participation of
activity in whole or part on the Service.
IGENETIX does not, without provision in this privacy policy, share personally
identifiable information about you and your aggregate usage information that we collect
with any other company.
a) Aggregate Data. IGENETIX will log technical information regarding your visit.
This is customary with most servers on the internet. The server logs information such
as your origin, frequency of visit, referring link, IP address, choice of browser and
other stats. IGENETIX will count and track and aggregate visitor activity for analysis
of general traffic flow. The information collected is aggregated and logged, and used
to measure statistical information about usage of the site, including but not limited
to the total number of visits, average time spent on the site, and pages viewed, both
in real-time, and within a certain historical time frame. IGENEITX uses this aggregated
information to measure the use of our site and to improve the content and usage of the
Service.
b) Disclosure of Information. You acknowledge and agree and hereby grant to IGENETIX
the absolute right and power, as it deems necessary in its sole discretion, without
providing notice and without any liability to you whatsoever, to reveal your
information to comply with applicable laws, government rules or requirements,
subpoenas, court orders, requests of law enforcement or government agencies and
technical support requests. IGENETIX does not protect information posted to any blog,
chatroom, or any other public accessible information display.
In addition, through use of the Service you hereby give consent to IGENETIX to
disclose your information it deems fit to:
1) any financial institution(s) providing ( or wishing to provide ) financing,
banking, and/or other financial or related services to IGENETIX, which may require
information or verification of information.
2) any relevant governmental authorities or agencies, including without limitation,
CCRA.
3) any other and all qualified users of this Service.
4) any person, where you further consent to such disclosure or disclosures required
by law.
c) Use of Cookies and Shared Objects. IGENETIX utilizes cookies and shared objects
to store information about a computer's use of the Service. This information is stored
locally on your computer. These tools are intended to track use of machines on the
servers. In no way to they uniquely identify a specific person using the computer. If
you do not agree with the use of these methods you may choose to terminate your
acceptance to your agreement with IGENETIX as outlined in Agreement. Continued use of
the Service indicates acceptance.
d) Promotion. From time to time IGENETIX may sponsor various contests or promotions.
Information collected may be used to inform you of such contests or promotions. At no
time will IGENETIX client information be made available to any other company enabling
them to provide promotional or contest information.
e) Exit links. IGENETIX does not warrant this policy effective to web sites visited
from the Service. IGENETIX is unable to control and is not responsible for the privacy
practices or content of such other websites visited via the exit link. The existence of
the link does not bind nor obligates IGENETIX to privacy statement or terms of the
destination website.
f) Credit Card Use. If a user decides to purchase credits from IGENETIX they will be
asked for credit card information. Portions of this credit card information will be
encrypted in database when you initiate your order through our secured system. IGENETIX
authorities have no ability to view Credit Card whole number sequence.
g) Monitored Behaviour. As a general rule IGENEITX monitors the Service for compliance to the Agreement. While we do not as a general rule monitor rooms or private exchanges, IGENETIX reserves, and through your use of the Service hereby grant, the right to monitor all interaction, without limitation including video, audio and text.
h) Information Collection. IGENETIX does not knowingly collect or maintain
information from those that are under the age of 16. We reserve the right and are
hereby given full authority, through your use of the Service, to request proof of age
at all times through whatever means we deem acceptable.
30) IGENETIX, through the iWebcam Service javascript, provides a member the ability to operate a hosted iWebcam chatroom on their own website. Members may not use this code on any domain containing the trademark word "iWebcam". IGENETIX may at any time, with reason or notification, opt to discontinue iWebcam chatroom hosting for any member's website.
31) LICENSING AND TRADEMARKS: Copyright (c) 2007 IGENETIX CORPORATION of CANADA and its licensors. All rights reserved. iWebcam, the logo, the symbol and phrase "Instant Social Networking" are trademarks or registered trademarks of IGENETIX CORPORATION of CANADA in Canada and/or other countries. Other marks are properties of their respective owners.
32) fms: Flash Media Server is a licensed technology from Adobe. The application settings and design of the fms technology integration of into the service are the intellectual property of IGENETIX. At no time shall these rights be transferred to any other person, company or entity.
33) Both parties agree this agreement shall be written in the English language.
