Updated as of October 2018
1. Acceptance of the Terms and Conditions.
2. Use of the Site.
2.1 This Site contains material, including, but not limited to, software, text, graphics
2.2 To the extent users or visitors can upload Content, CryptoNumerics will not pre-screen or review such Content, but CryptoNumerics reserves the right to refuse or delete any such Content. In addition, CryptoNumerics shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate this Agreement or be otherwise illegal. CryptoNumerics does not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will CryptoNumerics be liable in any way for any Content, including liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.
2.3 Your rights to access, download and/or use any CryptoNumerics products or services made available through the Site will be subject to the terms and conditions of the agreement identified on the Site and/or in connection with such products and services applicable to each such product or service, and you agree to comply with those terms and conditions.
2.4 If required by CryptoNumerics, each user must: (a) provide true, accurate, current and complete information on the Site’s registration form (collectively, the “Registration Data”) and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user’s account and prohibit any and all current or future use of the Site (or any portion thereof) by that user other than as expressly provided herein. Each user will receive a password and account designation upon completing the registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring
2.5 The trademarks, service marks, and logos of CryptoNumerics (the “CryptoNumerics Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of CryptoNumerics. Other CryptoNumerics, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the CryptoNumerics Trademarks, the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of CryptoNumerics specific for each such use. The Trademarks may not be used to disparage CryptoNumerics or the applicable third-party, CryptoNumerics’ or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Site is prohibited without CryptoNumerics’ prior written consent. All goodwill generated from the use of any CryptoNumerics Trademark shall inure to CryptoNumerics’ benefit.
2.6 You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material posted on the Site by CryptoNumerics or any other person or entity; or (e) frame or link to any of the materials or information available on the Site.
2.7 The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.8 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material
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3. Limitation of Liability and Disclaimer of Warranties.
3.1 CRYPTONUMERICS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS
THE CRYPTONUMERICS PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE CRYPTONUMERICS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
3.2 IN NO EVENT SHALL ANY CRYPTONUMERICS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH CRYPTONUMERICS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY OTHER CRYPTONUMERICS PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
3.3 Some provinces/states do not allow
You agree to defend, indemnify, and hold harmless the CryptoNumerics Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Site. CryptoNumerics shall provide notice to you of any such claim, suit, or proceeding. CryptoNumerics reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting CryptoNumerics’ defense of such matter.
5. Termination of the Agreement.
5.1 CryptoNumerics reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. CryptoNumerics reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
5.2 Sections 2 (Use of the Site), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.
6. User Must Comply with Applicable Laws.
By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
This Agreement is governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the provincial and federal courts sitting in the City of Toronto, in the Province of Ontario. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of CryptoNumerics to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against CryptoNumerics unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by CryptoNumerics and you, this Agreement constitutes the entire agreement between you and CryptoNumerics with respect to the subject matter