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AGREEMENT BETWEEN YOU AND TEAMOPOLIS INC.
To use the Teamopolis service, you must agree to the terms of use and privacy
statement. The Teamopolis Privacy Statement is available at
http://www.teamopolis.com/privacy.aspx.
TEAMOPOLIS WEB SITE/SERVICES
TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND TEAMOPOLIS
The Teamopolis Web Site is comprised of various Web sites and Web pages
operated by Teamopolis or its affiliates (collectively, the "Teamopolis Web
Sites").
The Teamopolis Web Sites are offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the Teamopolis Web Sites constitutes your agreement to all such
terms, conditions, and notices.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Teamopolis requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You then will
choose a password and an teamname. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify Teamopolis immediately of any unauthorized use of your account or any
other breach of security. Teamopolis will not be liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses
incurred by Teamopolis or another party due to someone else using your account
or password. You may not use anyone else's account at any time, without the
permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Teamopolis reserves the right to change the terms, conditions, and notices
under which the Teamopolis Sites/Services are offered, including but not
limited to the charges associated with the use of the Teamopolis
Sites/Services. You are responsible for regularly reviewing these terms and
conditions and additional terms posted on particular websites. Your continued
use of the Teamopolis Sites/Services constitutes your agreement to all such
terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Teamopolis Sites/Services 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 any information, software, products or services obtained from
the Teamopolis Sites/Services.
PRIVACY AND PERSONAL INFORMATION
You are required to have a Teamopolis account to use the Teamopolis Services.
To set up an account, you must provide information about yourself and update
this information as necessary in order to keep it current. Teamopolis agrees
that it will only use your personal information in accordance with the terms of
the Teamopolis Privacy Statement at http://www.teamopolis.com/privacy.aspx.
You are responsible for maintaining the confidentiality of your password and
account information. Furthermore, you are responsible for all activities that
occur in your account and you agree to notify Teamopolis immediately of any
unauthorized use of your account. Teamopolis is not responsible for any loss
that you may incur as a result of any unauthorized person using your account or
your password.
LINKS TO THIRD PARTY SITES
The Teamopolis Sites/Services may contain links to third party Web sites
("Linked Sites"). The Linked Sites are not under the control of Teamopolis and
Teamopolis is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Teamopolis is not responsible for webcasting or any
other form of transmission received from any Linked Site nor is Teamopolis
responsible if the Linked Site is not working appropriately. Teamopolis is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Teamopolis of the site or any association
with its operators. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the
Teamopolis Sites/Services or participation in promotions, including the
delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or
promotions, are solely between you and the advertiser or other third party.
Teamopolis shall not be responsible or liable for any part of any such dealings
or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Teamopolis Sites/Services, you will not use
the Teamopolis Sites/Services for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Teamopolis
Sites/Services in any manner which could damage, disable, overburden, or impair
any Teamopolis Site/Service(s) (or the network(s) connected to any Teamopolis
Site/Service(s)) or interfere with any other party's use and enjoyment of any
Teamopolis Site/Service(s). You may not attempt to gain unauthorized access to
any Teamopolis Site/Service, other accounts, computer systems or networks
connected to any Teamopolis Site/Service, through hacking, password mining or
any other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
Teamopolis Sites/Services.
TEAMOPOLIS' RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT
Teamopolis wants your voluntary feedback and suggestions on the Teamopolis
Services so that we can continually improve the services for you and other
customers. When you submit feedback and suggestions, please understand that
Teamopolis needs to have full rights to use your feedback and suggestions
without any encumbrances. In particular, you should understand that by
submitting any feedback or suggestions to Teamopolis concerning the Teamopolis
Services, you warrant and represent that you own or otherwise control the
rights necessary to do so and you are granting Teamopolis and its affiliated
companies permission to:
• Use, modify, copy, distribute, transmit, publicly display, publicly perform,
reproduce, publish, sublicense, create derivative works from, transfer, or sell
any such feedback or suggestions; and
• Sublicense to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the feedback or suggestions.
These grants include the right to exploit any proprietary rights in such
feedback or suggestions, including rights under copyright, trademark, service
mark, or patent laws in any relevant jurisdiction. No compensation will be paid
with respect to Teamopolis' use of the materials contained within such feedback
or suggestions. Teamopolis is under no obligation to post or use any materials
you may provide and may remove such materials at any time at Teamopolis' sole
discretion.
This section is not applicable to any personally identifiable information that
you provide in connection with your registration for the Teamopolis Services.
For terms and conditions governing the use of such information and for more
information on how the Teamopolis Services work, please refer to the Teamopolis
Privacy Statement at http://www.teamopolis.com/privacy.aspx.
This section also is not applicable to any documents, information, or other
data that you upload, transmit or otherwise submit to or through any Teamopolis
sites and services. Please refer to the terms and conditions for such
Teamopolis sites and services to determine the rights of the Web site or
service provider to such documents, information, and/or data.
USE OF SERVICES
The Teamopolis Sites/Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or communication
facilities designed to enable you to communicate with others (collectively,
"Communication Services"). You agree to use the Communication Services only to
post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
will not:
• Use the Communication Service in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
• Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents to do
the same.
• Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication
Services.
• Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service. • Harvest or otherwise collect
information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of an Teamopolis Site/Service(s) or
other user or usage information or any portion thereof.
Teamopolis has no obligation to monitor the Communication Services. However,
Teamopolis reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Teamopolis reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Teamopolis reserves the right at all times to disclose any information as
Teamopolis deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Teamopolis's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Teamopolis does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, Teamopolis specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized Teamopolis spokespersons, and their views do not necessarily
reflect those of Teamopolis.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO TEAMOPOLIS OR POSTED AT ANY TEAMOPOLIS WEB SITE
Teamopolis does not claim ownership of the materials you provide to Teamopolis
(including feedback and suggestions) or post, upload, input or submit to any
Teamopolis Site/Service or its associated services for review by the general
public (each a "Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting Teamopolis, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Teamopolis is under no obligation to post or use any
Submission you may provide and Teamopolis may remove any Submission at any time
in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE TEAMOPOLIS SITES/SERVICES
All content and software (if any) that is made available to view and/or
download in connection with the TEAMOPOLIS Sites/Services, excluding content
and/or software that may be made available by end-users through a Communication
Service, ("Software") is owned by and is the copyrighted work of Teamopolis
Corporation and/or its suppliers and is protected by copyright laws and
international treaty provisions. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You may not install or use
any Software that is accompanied by or includes a License Agreement unless you
first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Teamopolis Inc. hereby
grants to you, the user, a revocable personal, non-transferable license to use
the Software for viewing and otherwise using the particular Teamopolis
Site/Service in accordance with these Terms of Use, and for no other purpose
provided that you keep intact all copyright and other proprietary notices. Any
reproduction or redistribution of the content and/or Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export
control laws and regulations of the USA. You agree not to export or re-export
the Software, directly or indirectly, to any countries that are subject to USA
export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE TEAMOPOLIS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE TEAMOPOLIS SITES/SERVICES AND TO
THE INFORMATION THEREIN. TEAMOPOLIS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE TEAMOPOLIS SITES/SERVICES AT ANY TIME.
ADVICE RECEIVED VIA THE TEAMOPOLIS SITES/SERVICES SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TEAMOPOLIS INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR
OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE TEAMOPOLIS SITES/SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TEAMOPOLIS AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT TEAMOPOLIS SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH AN TEAMOPOLIS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT
TEAMOPOLIS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY,
OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU
SPECIFICALLY AGREE THAT TEAMOPOLIS IS NOT RESPONSIBLE FOR ANY CONTENT SENT
USING AND/OR INCLUDED IN AN TEAMOPOLIS SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL TEAMOPOLIS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE TEAMOPOLIS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE
TEAMOPOLIS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE TEAMOPOLIS SITES/SERVICES, OR OTHERWISE
ARISING OUT OF THE USE OF THE TEAMOPOLIS SITES/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEAMOPOLIS
OR ANY OF ITS SUPPLIERS 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TEAMOPOLIS SITES/SERVICES,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE TEAMOPOLIS SITES/SERVICES.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that Teamopolis may establish limits concerning use of any service
offered on an Teamopolis Website, including without limitation, the maximum
number of seasons that will be retained by the service, the maximum number of
teammembers that will be retained by the service, the maximum number of events
that will be retained by the service, the maximum disk space that will be
allotted on Teamopolis' servers on your behalf, the maximum number of e-mail
messages that may be sent from or received by an account on the service, and
the maximum number of times and duration you may access the service in a given
period of time.
You agree that Teamopolis has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by the service. You acknowledge that Teamopolis reserves the right
to delete accounts that are inactive for an extended period of time.
TEAMOPOLIS MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE.
CUSTOMER SUPPORT
Teamopolis provides information about how to use the Teamopolis Services on the
Web pages that are part of the Services. If you have any questions about the
Teamopolis Services or any problems that you would like to report, please
contact us at support@teamopolis.com.
TERMINATION/ACCESS AND RESTRICTION OF ACCESS
Teamopolis reserves the right, in its sole discretion, to terminate your access
to any or all Teamopolis Sites/Services and the related services or any portion
thereof at any time, without notice.
Teamopolis may also terminate or suspend your access to Teamopolis
Site/Service(s) for inactivity, which is defined as failing to log into a
particular service for an extended period of time, as determined by Teamopolis.
Upon termination of the Teamopolis Site/Service, your right to use the
Teamopolis Site/Service immediately ceases.
Teamopolis shall have no obligation to maintain any content or to forward any
content to you or any third party.
SPAM/E-MAIL SOLICITATION; DAMAGES
Teamopolis will immediately terminate any account which it believes, in its
sole discretion, is transmitting or is otherwise connected with any spam or
other unsolicited bulk email. In addition, because damages are often difficult
to quantify, if actual damages cannot be reasonably calculated then you agree
to pay Teamopolis liquidated damages of $5 (US Currency) for each piece of spam
or unsolicited bulk email transmitted from or otherwise connected with your
account, otherwise you agree to pay Teamopolis's actual damages, to the extent
such actual damages can be reasonably calculated.
LANGUAGE
It is the express will of the parties that this agreement and all related
documents have been drawn up in English. C'est la volonté expresse des parties
que la présente convention ainsi que les documents qui s'y rattachent soient
rédigés en anglais.
GENERAL
This agreement is governed by the laws of the Province of Ontario, Canada. You
hereby irrevocably consent to the exclusive jurisdiction and venue of courts in
Ontario, Canada in all disputes arising out of or relating to the use of the
Teamopolis Sites/Services. Use of the Teamopolis Sites/Services is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Teamopolis as a result of this agreement or use of the Teamopolis
Sites/Services. You agree to indemnify and hold Teamopolis Inc., its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Teamopolis
Sites/Services. Teamopolis reserves the right to disclose any personal
information about you or your use of the Teamopolis Sites/Services, including
its contents, without your prior permission if Teamopolis has a good faith
belief that such action is necessary to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend the rights or property of
Teamopolis or its affiliated companies; (3) enforce the terms or use; or (4)
act to protect the interests of its members or others. Teamopolis's performance
of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Teamopolis's right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Teamopolis Sites/Services or information provided to or
gathered by Teamopolis with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Teamopolis with respect
to the Teamopolis Sites/Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Teamopolis with respect to the Teamopolis Sites/Services. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Teamopolis Web Sites are: Copyright © 2003 Teamopolis
Corporation and/or its suppliers, All rights reserved.
TRADEMARKS
Teamopolis, and/or other Teamopolis products referenced herein are either
trademarks or registered trademarks of Teamopolis. The names of actual
companies and products mentioned herein may be the trademarks of their
respective owners.
Revised January 2004
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