1. Use of Services - CompuClever is providing you with certain services (the “Services”) through the Site provided that you are of legal age to form a binding contract in your applicable jurisdiction. In order to receive or access certain Services available through the Site, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or your continued use of the Services. If you choose to register as a member to use the Services available through the Site, you will be asked to check a box or click “I Agree” to indicate that you have read and agree to be bound by the terms and conditions of this Agreement. You are responsible for maintaining the confidentiality of your user login information and account password, and you are responsible for all activities that occur under your account. You agree to immediately notify CompuClever of any unauthorized use of your password or account or any other breach of security. CompuClever cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your login information and/or password secure. When using the Services available through the Site, you agree to comply with your own local laws and regulations regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence.
2. Service Availability - CompuClever uses reasonable endeavours to ensure that the Services available through the Site are available 24 hours a day 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of CompuClever. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of CompuClever. You agree that CompuClever shall not be responsible or liable to you for the deletion or failure to store or make available any content and other communications maintained or transmitted through the Site, or any modification, suspension or discontinuance of the Services. You acknowledge that CompuClever reserves the right, in its sole discretion, to limit your activity and use of the Services available through the Site or any other resources you may use. CompuClever reserves the right to terminate, suspend, or limit certain features or functionality of your account based on usage that exceeds any limits established by us. You may elect to purchase other Services or resources that may be available and offered by CompuClever. Payments for such purchases are non-refundable. Upon the termination of your account, you may no longer be able to retrieve content or information contained in your account.
3. Conduct - You agree that you are responsible for your own conduct when using any of the Services available through the Site, and for any consequences thereof. CompuClever reserves the right, but shall not be obligated, to pre-screen, refuse, or remove any content that you have uploaded to your account. You understand that by visiting the Site and using the Services, you may be exposed to content that you may consider to be offensive, objectionable, or indecent. You agree that visiting the Site and your use of any of the Services is at your own risk. You agree NOT to use the Site and Services: (a) for any unlawful purposes or the promotion of any illegal activities, including without limitation, that may be threatening, obscene, libellous or defamatory, harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (b) to upload, post, or otherwise transmit or communicate any files or content that you do not have the right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right; (c) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (d) to upload any threatening, obscene, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under applicable law; (e) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any files or content transmitted through the Services; (f) to attempt to upload and files or content by any method to another user’s account without permission; (g) to upload, post, or otherwise transmit any files or content which is likely to cause harm to CompuClever or anyone else's computer systems, including without limitation any virus, code, worm, Trojans, data or other files or programs designed to damage or allow unauthorized access to the Services which may cause any defect, error, malfunction or corruption to the Services provided through the Site; (h) to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity while using the Services; (i) to collect, intercept or harvest user names, to collect, intercept or store personal data about other visitors of the Site or users of the Services, or to solicit or attempt to discover a user's password, user name or other registration information without the user's express knowledge and consent; and (j) to reproduce, duplicate, copy, or resell the Services available through the Site or any portion of thereof.
4. Passwords - The user who creates a CompuClever account is referred to here as the “Account Owner”. The Account Owner will have access and control over its account and is responsible for maintaining the confidentiality of its account and password. If the Account Owner wishes to share its CompuClever Username and Password to allow others to gain access to its CompuClever Account, the Account Owner agrees that BY SHARING ITS CompuClever USERNAME AND PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT ANY USERS OF THE ACCOUNT COMPLY WITH THE TERMS OF THIS AGREEMENT AND THAT THE ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF ITS ACCOUNT USERS.
6. Copyright Restriction - The Services and any software (the “Software”) created by CompuClever used in connection with those Services are provided by CompuClever and contains copyrighted material, trade secrets and other proprietary and confidential material that is protected by applicable intellectual property and other laws and treaties. Subject to the terms and conditions of this Agreement, CompuClever grants to you a limited, non-transferable and non-exclusive right and license to use the Software and the Services made available to you through the Site. You shall not directly, and shall not attempt to allow or assist any third party to, modify, reverse engineer, disassemble or decompile the Software or the Site, nor shall you create any derivative works or other works that are based upon or derived from the Software, the Site, or any of the Services in whole or in part. CompuClever retains sole and exclusive ownership of all right, title and interest in and to the Software, the Site, and the Services provided through the Site and all Intellectual Property rights relating thereto including without limitation CompuClever’s name, the Fanplastic name, any CompuClever or Fanplastic logos and graphic files that represents the Software and/or the Services provided through the Site. You further agree not to remove, obscure, or alter any CompuClever, Fanplastic, or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software, the Services or the Site. You acknowledge and agree that third parties, including other CompuClever or Fanplastic users, may own right, title and interest in and to the files and any content hosted on the Site or otherwise presented to you through the Services available through the Site, and that the files and content may be protected by applicable intellectual property and other laws and treaties. Copyright law and international copyright treaty provisions protect all parts of the Software and the Services available through the Site. No program, code, part, image, or text may be copied or used in any way by you except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for CompuClever.
8. Advertising & Links - Some Services available through the Site are supported by advertising revenue and may display advertisements and promotions on the Site and/or through the Software. The manner, mode and extent of advertising by CompuClever through its Services are subject to change at any time. You agree that CompuClever shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Site. CompuClever may provide, or third parties may provide, links to other Internet sites or resources. Because CompuClever has no control over such third party sites and resources, you acknowledge and agree that CompuClever is not responsible for the availability of such external websites or resources or the content or policies that govern the use of those websites. Furthermore, CompuClever does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third party sites or resources. You further acknowledge and agree that CompuClever shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such advertising content, goods or services available on or through any such site or resource, nor will CompuClever accept any responsibility for any viruses, worms, Trojan horses or other forms of destructive malware that may infect your computer systems as a result of your use of any third party websites.
9. Limitation of Liability/Indemnification - Information on this Site and within any Software may contain technical inaccuracies or typographical errors although CompuClever will make commercially reasonable efforts to maintain and review all its content. Information and/or products available on this Site may be changed or updated at any time without notice to you. You will indemnify, hold harmless, and defend CompuClever, its employees, directors, officers, and authorized agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys’ fees) resulting from or in any way connected with your use of the Software and/or the Services, any files and content that you upload through to the Site through the Services that breaches any third party intellectual property rights, or your breach of any of the terms and conditions of this Agreement. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL COMPUCLEVER, ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AUTHORIZED AGENTS BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, THE SERVICES, OR THE USE OR INABILITY TO USE THIS SITE, THE SOFTWARE OR THE SERVICES, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF COMPUCLEVER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Disclaimer of Warranties - YOUR USE OF THIS SITE, THE SOFTWARE AND THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES EXCEPT AS OTHERWISE SPECIFIED HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPUCLEVER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPUCLEVER DOES NOT WARRANT THAT (I) THE SITE, THE SOFTWARE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SITE, THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SOFTWARE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER RELATERD MATERIALS PROVIDED OR OFFERED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SITE, THE SOFTWARE OR THE SERVICES WILL BE CORRECTED. ANY FILES AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR 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 FILES AND CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPUCLEVER, THROUGH THE SITE, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
12. Governing Law - This Agreement, and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom, with respect to all disputes arising out of or in connection with this Agreement or in respect of any legal relationship associated with or derived from this Agreement and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts and any claims on the grounds of forum non conveniens. The failure of CompuClever to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect CompuClever’s ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
13. Notice and Amendment to Terms - CompuClever reserves the right to amend the terms and conditions of this Agreement at any time. If you have registered as a member to access the Services available through the Site, we shall notify you of any material changes to this Agreement by email sent to the address you have provided during your account registration process. Notification of any changes will also appear in a prominent location on the Site. Your accessing of the Site and continued use of the Services constitutes your acknowledgement and acceptance of any modified terms to the Agreement.
14. Entire Agreement - This Agreement (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and CompuClever and govern your use of the Site, the Software, and Services, superseding any prior agreements between you and CompuClever. You also may be subject to additional terms and conditions that may apply when you use any other current or future Services made available through the Site.