Disclaimer of Warranties
The website and all content are provided as is. By accessing and using the website you acknowledge and agree that use of the website and the content is entirely at your own risk. Spectrafy makes no representations or warranties regarding the website and the content, including, without limitation, that the operation of the website will be uninterrupted or error free, that the website will be free from viruses or harmful components or that communications to or from the website will be secure or not intercepted
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Spectrafy of the contents of such third-party websites. Spectrafy is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Spectrafy encourages links to the Website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Spectrafy or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights. Spectrafy reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Spectrafy.
Please note that information sent or received over the Internet is generally unsecure and Spectrafy cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third-parties of personal or other information.
Any consent by Spectrafy to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Spectrafy that expressly reference this Agreement, this is the entire agreement between you and Spectrafy relating to the matters contained herein.
All materials displayed or otherwise accessible through the Website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by Spectrafy, its licensors or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website. Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the internet, transmission, redistribution or other exploitation of the website of or any content, whether in whole or in part, other than expressly set out herein, is prohibited without express written permission of Spectrafy.
Limitation of Liability
Subject to applicable law, in no event shall Spectrafy, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages or any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arsing in contact (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if Spectrafy knew of or ought to have known of the possibility of such damages.
In no event shall Spectrafy, its officers, directors, employees, agents, licensors or their respective successors and assigns be liable for damages under this agreement, whether arsing in contact (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred Canadian dollars (C$100) even if Spectrafy has been advised or ought to have known of the possibility of such damages.
In no event shall Spectrafy, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of Spectrafy or your failure to protect your information submitted by you on the website for registration with the website or your password or account information.
Spectrafy expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the website or any advertiser or sponsor of the website (collectively, third-[arty user). Under no circumstances shall Spectrafy and its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (I) the acts, omissions or conduct of any third-party user; and (II) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the website.
If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the website, you do so at your own risk.
Software Licenses and Ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by Spectrafy, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
Spectrafy may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website (or any portion thereof). Spectrafy may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
The following trade-marks are owned by Spectrafy (or are licensed for use by Spectrafy):
Other names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade-marks of Spectrafy or third parties. While certain trade-marks of third parties may be used by Spectrafy under license, the display of third-party trade-marks on the Website should not be taken to imply any relationship or license between Spectrafy and the owner of said trade-mark or to imply that Spectrafy endorses the wares, services or business of the owner of said trade-mark. Nothing contained on the Website should be construed as granting you any license or right to use any trade-mark logo or design of Spectrafy or any third party, without the written permission of Spectrafy or the respective owner of any third-party trade-mark.
The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
Notice and Procedure for Making Claims of Copyright Infringement
It is the policy of Spectrafy to respond to claims of intellectual property infringement. Spectrafy will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to firstname.lastname@example.org.
To be effective, the notification of infringement must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Governing Law and Jurisdiction
The Website (excluding linked Websites) is controlled by Spectrafy from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.