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Welcome to the morovia.com (referred to as "Morovia", "we", "us", or "our"
herein) Web site (the "Site"). By accessing this Site, you agree to be
bound by the terms and conditions below (the "Terms"). If you do not agree
to all of the Terms, please do not use the Site. Morovia may from time to
time modify or revise the Terms by updating this Web page. Your use of our
Site following any such change constitutes your agreement to follow and be
bound by the Terms as changed. If any change is unacceptable to you, your
only recourse is to terminate your use of the Site.
1. OWNERSHIP RIGHTS: This web site is owned and operated by Morovia
Corporation.
(All Materials herein are protected under Canada and international
copyright laws and are the property of Morovia Corporation or its third party
licensors. All rights reserved.) As used in these Terms, "Materials"
includes, but is not limited to, software, images, text, audio and all
other information, displayed, contained within, or accessible on the Site.
No Materials may be copied, reproduced, modified, displayed, republished,
uploaded, posted, transmitted, sold or distributed in any way, except that
you may download one copy of the Materials on any single computer for your
personal, non-commercial use only, provided that you maintain in such copy
all copyright and other proprietary rights notices contained in the
original Materials. No right, title or interest in any downloaded Materials
is transferred to you as a result of any such downloading or copying. You
agree not to assist others in any unauthorized reproduction, modification,
display or distribution of the Materials. Unless expressly agreed to by
Morovia in writing, you may not create derivative works based on the Site
or Materials contained therein, in whole or in part. The use of any
Materials on any other Web site or networked computer environment is
prohibited.
2. IMAGES: All logos, page headers, images and graphics displayed on
this Site are service marks, trademarks, and/or trade dress (collectively,
"Marks") of Morovia or its third party licensors. Except as expressly
permitted herein, using, copying, transmitting, displaying, modifying or
distributing any Marks in any form or by any means without the express
written permission of Morovia is prohibited and may violate the copyright,
trademark, privacy or other laws of the Canada and/or other
countries.
3. DOWNLOADABLE SOFTWARE: The use of any Morovia, or the Software of
third parties, downloaded from the Site shall be subject to the terms and
conditions of the license provided with the Software. "Software" includes
any files, images incorporated in or generated by the software, and data
accompanying the software. You may not download any Software from this Site
until you have read, and agreed to the terms and conditions of the license
provided with the Software. Without limiting the generality of the terms
contained in any such license, you agree that you will not: (a) modify the
Software (b) de-compile, reverse engineer, or disassemble the Software, (c)
remove any copyright or other proprietary rights notices from the Software;
or (d) use the Software for any commercial purpose, or any public display,
performance, sale or rental, except as expressly permitted by Morovia in
writing. Morovia retains all right, title and interest in and to the
Software, including all intellectual property rights therein. You download
Software at your own risk and assume complete and exclusive responsibility
for any and all losses, damages and liabilities that may result from the
use of Software downloaded from the Site.
4. USER COMMENTS: We appreciate your comments, remarks, feedback,
suggestions, ideas and other submissions you disclose or transmit to us
(collectively, "Comments"). You grant Morovia and its affiliates a
perpetual, irrevocable, worldwide, royalty-free right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works of,
distribute, publicly perform and publicly display (in whole or in part)
your Comments, your name and any related copyrights, moral rights or other
intellectual property rights.
5. USER FORUMS: Morovia may provide access to certain discussion groups
through this Site as a service to you. Discussion groups, by their nature,
may contain offensive, harmful, deceptive, misleading, inaccurate or
otherwise inappropriate material, and you acknowledge and agree that
Morovia shall not have any responsibility for the content of any discussion
group, or materials or articles contained therein, that may be accessed on
or through this Site. You understand that Morovia acts as a passive conduit
for, and does not control, or attempt to control, any information, data,
text, software, music, sound, photographs, graphics, video, messages or
other materials, that you, or any other user of the Site, uploads, posts or
transmits to or through the Site (the "User Content"). Morovia may, but is
not obligated to, monitor or review the User Content and retains the right
to delete any User Content at any time. You acknowledge and agree that you
are solely responsible for any User Content that you upload, post or
transmit to or through the Site, including, but not limited to, its
legality, reliability, accuracy, integrity, appropriateness and
originality. In no event shall Morovia have any liability related to the
User Content, whether arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. You represent and warrant to Morovia that you will
not upload, post or otherwise transmit any User Content to or through the
Site that infringes, misappropriates or otherwise violates any copyright,
trademark or other intellectual property right, right of privacy, right of
publicity or any other right of any entity or person; or that is unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory
pornographic, or profane, or that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law or Morovia rule or policy.
You grant Morovia and its affiliates a perpetual, irrevocable,
worldwide, royalty-free, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, publicly perform and publicly display the User Content you
upload, post or transmit to the Site (in whole or in part) and/or to
incorporate it in other works in any form, media, or technology now known
or later developed. You also grant each user of this Site the right to
access, display, view, and reproduce such User Content for personal use.
You represent and warrant to Morovia that you have the right to grant the
licenses stated above.
You acknowledge and agree that you may not upload, post, reproduce, or
distribute any User Content on or through this Site that is protected by
copyright or other proprietary right of a third party, without obtaining
permission of the owner of such right. Any copyrighted or other proprietary
content distributed with the consent of the owner must contain the
appropriate copyright or other proprietary rights notice. The unauthorized
submission or distribution of copyrighted or other proprietary content is
illegal and could subject you to personal liability or criminal
prosecution.
6. LINKS TO OTHER SITES: This Site may contain links to other web sites
("Linked Sites") as a convenience to you. Morovia does not operate or
control any information, products or services on the Linked Sites, and
neither endorses or approves any products, services or information offered
at Linked Sites. You acknowledge and agree that your access or use of any
Linked Site is at your own risk.
7. PRIVACY POLICY: It is our policy to respect the privacy of
individuals who visit the Site or provide Comments to us. Our privacy
policy (the "Privacy Policy"), is incorporated herein by reference. By
accepting these Terms, you expressly consent to the use and disclosure of
your personal information as described in the Privacy Policy.
8. INDEMNITY: You agree to defend, indemnify and hold Morovia, its
affiliates and their officers, directors, agents and employees harmless
from and against any and all claims, losses, damages, liabilities, costs
and expenses, including attorneys' fees, arising from or related to your
(a) User Content, (b) use of the Site, or (c) violation of any of these
Terms.
9. WARRANTY DISCLAIMER: THE SITE AND ALL ELEMENTS THEREOF ARE PROVIDED
"AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND. Morovia EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NO INFRINGEMENT.
Morovia DOES NOT WARRANT (A) THAT THIS SITE OR ITS CONTENTS WILL BE
COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE, (B) THAT THE SITE WILL MEET
YOUR REQUIREMENTS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR (D) THAT
THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH THIS SITE IS
SUBJECT TO CHANGE WITHOUT NOTICE.
10. LIMITATION OF LIABILITY: IN NO EVENT SHALL Morovia, ITS LICENSORS,
OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR DELIVER THIS SITE, BE LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF
OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, WHETHER IN AN
ACTION UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF Morovia HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOROVIA'S TOTAL LIABILITY
FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE
SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
12. TERMINATION: You agree that Morovia, in its sole discretion, may
suspend or terminate its operation of the Site or your use of the Site (or
any portions thereof), and may remove and discard any User Content,
Software or Materials within the Site, for any reason. In the event you
fail to comply with the Terms , your right to use the Site will
automatically terminate. Upon any termination of the Site, or your use of
the Site, you agree to immediately and completely destroy all copies of any
Software of Materials downloaded form the Site. You agree that Morovia
shall not be liable to you or any third-party for any termination of the
Site, your access to the Site or any removal of any User Content from the
Site.
13 GENERAL: These Terms constitute the entire agreement between you and
Morovia and supersede and replace any prior agreements, whether written or
oral, between you and Morovia related to the subject matter herein. The
failure of Morovia to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and
all other provisions of the Terms shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, you must
file any claim or cause of action arising out of or related to use of the
Site or otherwise arising out of or related to these Terms within one (1)
year after such claim or cause of action arose. The section titles in these
Terms are for convenience only and have no legal or contractual effect.
14. CONTACT MOROVIA LEGAL DEPARTMENT: For further information on the
Terms, the Site, or any other Web site owned and operated by Morovia,
please contact Morovia Legal Department at:
505 Consumers Road, STE 912, Toronto, ON M2J4V8, Canada
Copyright Statement
This site and the contents of this site, including but not limited to,
text, photographs, graphics, illustrations, video, sound, software and
other material (all such contents collectively referred to as "Content")
are protected under Canada and international copyright laws and are
the property of Morovia or its third party licensors. All rights reserved.
Except as expressly permitted herein, copying, distributing, transmitting,
displaying, modifying, or otherwise using any Content in any form or by any
means without the express written permission of Morovia is prohibited and
may violate the copyright laws of the Canada and/or other countries.
You may view, copy, print, and distribute this Web site subject to the
following conditions: (a) the site may be used for informational purposes
only; (b) the site may only be used for non-commercial, non-profit purposes
and (c) any copy of this Web site, or portion thereof, must include the
following copyright notice: Portions of web site (c)2006 Morovia.com. All
rights reserved.
Note that Morovia retains all right, title and interest in and to all
software, products, processes and technologies described or made available
on this Web site, and all intellectual property Rights related thereto, and
nothing shall be deemed to grant you any ownership or other rights therein.
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