WEBSITE TERMS OF USE

 

 1.     INTRODUCTION AND ACCEPTANCE

Welcome to calgarykites.com, a website owned and operated by INTELLIZIM CORPORATION. These website terms of use ("Terms of Use") contain the legal terms and conditions that govern your use of calgarykites.com.

By using the Website, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies including, without limitation, the Privacy Policy (as defined below), which are displayed or to which you may be directed in connection with any particular Website or any of the services available on the Website, all as may be modified by us from time to time in our sole discretion. If you do not agree to the Terms of Use, then you must discontinue accessing and/or using the Website.

We reserve the right to modify the Terms of Use at any time and from time to time and in its sole discretion, and each such modification shall be effective upon posting on the Website. All material modifications will apply prospectively only. Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Terms of Use as so modified. It is therefore important that you review the Terms of Use regularly. If you do not agree to be bound by such modified Terms of Use, you must discontinue accessing and/or using the Website immediately.

2.     PRIVACY

Without limiting the generality of these Terms of Use, your use of the Site is also subject to the terms of our Privacy Policy, a copy of which is available here: Privacy Policy. The Privacy Policy is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Website, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

3.     WEBSITE CONTENT

We do not represent or warrant that any of the content or materials presented on the Website is appropriate or available for use in other locations or jurisdictions. If you access the Website from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws. INTELLIZIM CORPORATION SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECT IN, THE INFORMATION CONTAINED WITHIN THE WEBSITE.

4.     REGISTRATION AND ACCOUNT SECURITY

Certain features and/or portions of this Website are password-protected and require you to complete a registration process in order to obtain access and/or participate. When registering with us to use any such features and/or portions of the Website, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Website, or any such features of the Website. It is your responsibility to keep the password provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at This email address is being protected from spambots. You need JavaScript enabled to view it.. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user account.

5.     LICENSE AND SITE ACCESS

Subject to the terms and conditions set forth in the Terms of Use, this website grants you a limited, non-exclusive, royalty-free, revocable and non-transferable right to access and use the Website and Website Content (as defined below) in accordance with the Terms of Use. You agree that you will not use the Website to: (i) misappropriate the intellectual property rights of this website or any third-party; (ii) attempt to deface, modify or manipulate any part of the Website or employ any tactic to defeat or evade any security feature employed by the Website; (iii) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by the website. As an additional term and condition of use of the Website, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Website through reverse engineering.

6.     INTELLECTUAL PROPERTY

The Website consists of various graphics, texts, icons and buttons that have been provided by INTELLIZIM CORPORATION and/or other entities under our direction (e.g. site designers). All such content is owned by INTELLIZIM CORPORATION and/or the applicable third party entity. For greater certainty, INTELLIZIM and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Website, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the "Website Content").

You hereby acknowledge that the Website Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Website does not grant or transfer to you any ownership or other rights in the Website Content, and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of INTELLIZIM CORPORATION or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Website Content in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved by INTELLIZIM CORPORATION. Without limiting the generality of the foregoing, users of this Website shall be entitled to copy Website Content contained within this Website only for their own personal and non-commercial use, but may not republish or reproduce any such Website Content in any manner without the prior written consent of INTELLIZIM CORPORATION.

7.     DISCLAIMERS

THE WEBSITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

8.     COOKIES AND WEB TECHNOLOGIES

Like most other commercial websites, our Website may monitor traffic patterns, website usage and related website information. We may automatically collect or compile certain information when you access our Website, such as the aggregate and unique number of visitors to our Website, the dates and times of visits to our Website, the domains/countries of visitors, the pages of visited and the content accessed, the browsers, operating systems, search engines and search terms used to visit our Website and HTTP errors generated. We use this information in order to optimize our Website and to assess usage. We may provide this information to our website contractors for these purposes.

We use cookies to store information about you in order to tell us that you have visited our Website before and simplify and enhance your experience on our Website. A cookie is a small amount of text that is sent to your browser from a web server and stored on your computer’s hard drive. If you configure your browser to accept cookies, then your browser adds the text in a small file.

9.     SECURITY

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business, we may access and disclose information we consider necessary or appropriate, including user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information and usage history. You acknowledge and agree that INTELLIZIM CORPORATION may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.

10.     MODIFICATION OF THE WEBSITE

INTELLIZIM CORPORATION reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice. INTELLIZIM CORPORATION shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Website. INTELLIZIM CORPORATION may establish general practices and limits concerning use of the Website.

11.     GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regards to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta, Canada, without regards to its principles of conflict of laws.

12.     TERMINATION

We reserve the right to terminate your access to the Website, in whole or in part, at any time.

13.     GENERAL PROVISIONS

These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by INTELLIZIM CORPORATION without restriction. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use. The failure of INTELLIZIM CORPORATION to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

14.     HOW TO CONTACT US

Any questions about these Terms of Use should be directed to This email address is being protected from spambots. You need JavaScript enabled to view it..

 

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