4. Rights to intellectual property
The content of the Vayme Web site, with the exception
of all content submitted by users (as defined below) including and not
limited to, texts, softwares, manuscripts, graphics, photos, sounds, music,
videos, devices and interactive likenesses (‘content’) and registered
trademarks, service trademarks and logos contained it the site (‘brands’) is
the propriety or is registered to Vayme, and is subject
to the laws of copyrights and to other intellectual property conventions in
Canada and to international law conventions. The content on the Web site is
presented AS IS, for information purposes and for personal use only, and
cannot be employed, copied, reproduced, distributed, transmitted, emitted,
shown, sold, authorized, or otherwise exploited in any way whatsoever
without prior written consent by respective owners. Vayme
reserves all unconfirmed rights in the Website and content. You agree to
not commit to using, copying, or distributing any content other than
expressly permitted herein, including any use, copy, or distribution of
content submitted by users, by the Website, for commercial exploitation. If
you download or print a copy of content for your personal use, you must
respect all copyrights and other rules on industrial property of said
contents. You agree to not prevent, neutralize or interfere with devices
related by security of the Vayme Website or devices
that restrains or limits the use or copying of any content or by imposing
limits on usage of the Vayme Website or content within.
5. User-submitted content
6. Legal Guaranties
YOU AGREE THAT THE USAGE OF THE Vayme WEBSITE IS AT
YOUR UNIQUE RISK. UP TO THE HIGHEST DEGREE OF THE LAW, Vayme
, ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES, AND ALL OTHER AGENT REJECTS ALL
RESPONSIBILITY, IMPLICITE OR EXPLICITE, RELATED TO THE Vayme
WEBSITE AND YOUR USAGE, Vayme OFFERS NO GUARANTY OR
REPRESENTATION CONCERNING THE EXACTNESS OR INTEGRALITY OF CONTENT FOUND ON
ITS CLIENT SUBSCRIBERS’ WEBSITES OR SITES CONTAINING A HYPERLINK TOWARDS
Vayme AND ASSUMES NO RESPONSABILITIES OF ANY (I) ERRORS
OR INACCURACIES OF CONTENT, (II) INJURIES OR MATERIAL DAMAGES, OF ANY KIND
WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSAGE OF OUR Vayme
WEBSITE SERVICES, (III) OF ANY UNAUTHORIZED ACCESS TO OR USAGE OF OUR
SECURED SERVER AND/OR ALL PERSONAL INFORMATION AND/OR FINCANCIAL INFORMATION
STORED ON OUR WEBSITE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR OF OUR WEBSITE OR OF OUR Vayme WEBSITE SERVICES, (V)
ALL BLOGS, VIRUS, TROJAN HORSES OR OF THE SORT CAPABLE OF BEING TRANSMITTED
TO OR BY OUR WEBSITE OR OUR Vayme WEBSITE SERVICES BY
ANY TIER, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGES RESULTING FROM THE PUBLICATION, SENDING BY EMAIL OR BY
TRANSMISSION OF CONTENT AVAILABLE ON Vayme.
Vayme DOES NOT GUARANTY, NOR ENDORSE, NOR ASSUMES ANY
RESPONSABILITIES CONCERNING A PRODUCT OR A SERVICE ANNOUNCED OR PROPOSED BY
A THIRD PARTY ON THE Vayme WEBSITE, WEBSITES OF OUR
CLIENT SUBSCRIBERS OR WEBSITES FROM A TIER HAVING A HYPERLINK TOWARDS OUR
WEBSITE OR CONTAINED IN AN ADVERTISEMENT BANNER OR OTHER FORM OF PUBLICITY,
AND Vayme WILL NOT BE HELD RESPONSIBLE NOR WILL IT
MONITOR ANY TRANSACTIONS BETWEEN YOU AND A THIRD PARTY PROVIDER OF A SERVICE
OR PRODUCT. AS WITH ALL PURCHASES OF A PRODUCT OR SERVICE IN ANY
ENVIRONMENT OR ANY PLACE, YOU MUST USE CAUTION AND MAKE USE OF YOUR BETTER
JUDGEMENT WHATEVER THE CASE MAY BE.
7 Limits of Guaranties
IN NO CASES WILL Vayme, ITS ADMINISTRATORS, DIRECTORS,
EMPLOYEES OR AGENTS, CAN BE HELD RESPONSIBLE OF YOU OF ANY DIRECT, INDIRECT,
FORTUITOUS, SPECIAL, PUNITIVE DAMAGES, OR CONSECUTIVE DAMAGES RESULTING FROM
ANY (I) ERRORS, FAULTS OR INACCURACIES IN CONTENT, (II) INJURIES OR MATERIAL
DAMAGE, OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO USAGE OF OUR
WEBSITE, CLIENT SUBSCRIBER WEBSITES OR FROM OUR Vayme
WEBSITE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USAGE OF OUR SECURED
SERVER AND/OR ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
WITHING, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITEAND OF OUR WEB SERVICES, (V) ALL BLOGS, VIRUS, TROJAN HORSES OR OF
THE SORT, CAPABLE OF BEING TRANSIMITTED EITHER BY OUR WEBSITE OR BY ANY TIER,
AND/OR, (VI) ALL ERRORS OR OMISSIONS IN ANY CONTENT OF FOR ANY LOSS OR
DAMAGE OF ANY KIND RESULTING FROM YOUR USAGE OF ANY CONTENT, WHETHER
PUBLISHED, TRANSMITTED BY EMAIL, OR MADE OTHERWISE AVAILABLE BY THE
INTERMEDIARY OF THE Vayme WEBSITE, CLIENT SUBSCRIBER
WEBSITES AND FROM OUR VIDEO AND BLOG CREATION SERVICES, NO MATTER WHAT LEGAL
GUARANTIES, CONTRACTS, OR OTHER LEGAL CONCEPT, AND NO MATTER IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. THE
RESPONSIBILITY IS LIMITED TO THE HIGHEST APPLICABLE JURISDICTIONS, YOU
EXPLICITALLY RECOGNIZE THAT Vayme IS NOT RESPONSIBLE
FOR CONTENT THAT CAN BE DIFAMATORY IN NATURE, OR CAUSE INJURY, OR ILLEGALY
SUBMITTED BY A USER AND THAT THE RISK OF CHOC OR DAMAGE IS ENTIRELY IN YOUR
HANDS.
The Vayme WEBSITE website creation service is
controlled and offered by Vayme from its equipment
located in Canada. Vayme does not affirm any
representation that the Vayme website is appropriate or
available for usage in other areas. Those having access or utilizing the
website and its Vayme WEBSITE services from
Vayme in other judiciary districts do so of their own free will
and are responsible for conforming to local laws.
8. Indemnity
You accept to defend and guaranty to hold Vayme, its
affiliate societies, administrators, directors, employees and agents,
innocent to and against all claims, damages, commitments, losses,
responsabilities, costs or debts and expenses (including but not limited to
lawer fees) incurred from : (i) your use of or your access to the
Vayme website; (ii) your violation of any term in this User
Terms and Conditions; (iii) your violation of all third party rights,
including but not limited to copyrights, property of others, or respect of
privacy; (iv) all declaration that one of your submissions may have caused
damages to a tier. This commitment to defend Vayme
will survive to User terms and conditions and your usage of the
Vayme Website.
9. Ability to accept these User Terms and Conditions You confirm that you
are aged 18 years of age or older, or a minor legaly emancipated, or that
you have parental or legal tutor consent, and are entirely capable and
competent to respect modalities, conditions, commitments, affirmations,
representations, and guaranties determined by the user terms and conditions
of the site, and to respect and conform to these service limits. In all
cases, you affirm being aged over 13, since the Vayme
Website is not conceived for children under the age of 13. If you are aged
under 13, please do not visit the Vayme website. Many
other websites are more appropriate for you. We invite you to discuss this
with your parents or legal tutor in order to determine which sites are more
appropriate for you. These service terms and conditions, nor any right and
permission given herein, can be transferred or assigned by you, but can be
assigned by Vayme without any restriction.
10. General
You agree that:
1. (i) the Vayme website is considered uniquely
based in Ontario; and
2. (ii) the Vayme website is considered to be a
passive website which does not submit itself to civil law concerning
Vayme, in specific or general cases, to no jurisdiction other
that than of the province of Ontario.
These service limitations are mediated by the internal laws of the state of
Ontario, with no disrespect to its principles and laws. All claims or
litigations between you and Vayme resulting partially
or entirely from the Vayme website or of its Client
Subscriber websites will be heard exclusively in a competent jurisdiction
court located in Toronto, in the province of Ontario. These service
limitations and all other legal advisories published by Vayme
on its website, will constitute a final agreement between you and
Vayme concerning the Vayme website. If
any part of these terms and conditions of service is considered inadmissible
by a competent jurisdiction court, the inadmissibility of such a disposition
will not affect the validity of remaining dispositions of these terms and
conditions of service, and will remain in full effect. No uprising of any
limits of these terms and conditions of service will be considered as
acceptable, and all failings by Vayme concerning the
terms will not constitute a valid reason to lift any right or disposition. Vayme
reserves the right to modify these terms and conditions of service at any
time and without notice, and it is your full responsibility to review these
terms and conditions of service at any time to get acquainted with these
modifications. Your usage of the Vayme website after
any amendment of these limits of service will signify your consent as well
as your acceptance of these revised limits. Vayme AND
YOU BOTH AGREE THAT ALL LEGAL PROCEDURES COMING FROM OR RELATED TO THE
Vayme website or Vayme and blog creation website
creation service MUST BEGIN LESS THAN ONE (1) YEAR AFTER THE EVENT TOOK
PLACE, OTHERWISE, SUCH AN ACTION OF JUSTICE WILL BE CONSIDERED MOOT.