2. Access and Registration. In order to use the Web site, you need the equipment necessary to connect to the World Wide Web, and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or other online service). You will also need an appropriate computer, related equipment, and software (your "Computer") to use the Web site. You are responsible for installing, maintaining, and operating your Computer. Vision Systems Corp. is not responsible for any problems caused by your Computer, including any virus or related problems associated with your use of the Web site on your Computer. You agree you will: (a) provide accurate and complete information when prompted to do so by any registration form, and (b) maintain and update such information so it remains accurate and complete.
3. Password and Security. Upon registration, you will choose a User ID and Password. You are responsible for keeping your User ID and Password confidential. We recommend you memorize this information, and not write it down. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify Vision Systems Corp. of any actual or suspected unauthorized use of your account or password. Vision Systems Corp. will not be responsible for any loss to you arising from your failure to comply with the above.
4. User Conduct. You may only use the Web site and any data contained in the Web site for your own personal and non-commercial purposes. You agree that you will not use the Web site to:
· submit, post, upload, or otherwise transmit any content through the Web site ("User Content") that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent;
· submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
· submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
· advertise or offer to sell any goods or services for any commercial purpose;
· conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters;
· impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
· falsify or delete any attributions, legends, or other proprietary designations of the origin or source of software or other content appearing on the Web site or contained in a file that is uploaded;
· collect or store personal data about other members; or
· violate any applicable local, provincial, federal, or international law or regulation.
Vision Systems Corp. reserves the right, without prior notice and at its sole discretion, to remove any User Content that is in violation of the TOU.
5. Copyright; Restrictions on Use. All content on the Web site ("Web Site Content"), including data, news or information ("Third Party Data") provided by third parties ("Data Providers") and the MyVisionOfLife Software are protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws. Vision Systems Corp. and its licensors own all right, title and interest in and to the Web Site Content and the MyVisionOfLife Software and the Data Providers retain their ownership rights in the Third Party Data. You acknowledge that the MyVisionOfLife Software contains proprietary and confidential information and trade secrets of Vision Systems Corp. You may not copy, duplicate, reproduce, (except as stated below), publish, distribute, create derivative works of, modify, adapt, translate, rent, sublicense, assign, loan, sell, transfer, network, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the MyVisionOfLife Software or the Web Site Content. You may not give copies of the MyVisionOfLife Software to anyone. You may not decompile, reverse engineer, disassemble, or otherwise reduce the MyVisionOfLife Software to human perceivable form. You must abide by all copyright notices, information, or restrictions contained in or attached to any Web Site Content.
6. Trademarks. Third party trademarks, service marks, logos, and trade names appearing on the Web site are the property of their respective owners.
7. Updates. Unless you have elected not to receive communications from Vision Systems Corp., Vision Systems Corp. may, but shall be under no obligation to, contact you from time to time, including (but not limited to) by sending you e-mails.
8. E-mail Address. We will contact you at the e-mail address you have provided. By providing your e-mail address, you agree that you will accept all electronic communications from us at your e-mail address and will not make any claims against us if you do not receive any communications we send to your e-mail address. You agree to notify us promptly if your e-mail address changes.
9. Changes to Web Site or TOU. Vision Systems Corp. may modify, suspend or discontinue any portion of the Web site at any time, with or without notice. Vision Systems reserves the right to modify the TOU at any time. You agree to review the TOU periodically so that you are aware of any modifications. Your continued use of the Web site shall be deemed your acceptance of the modified TOU.
10. Failure to Comply with TOU. You acknowledge and agree that Vision Systems Corp. may suspend or deny you access to or use of all or part of the Web site, without prior notice, if you engage in any conduct that Vision Systems Corp. believes, in its sole discretion: (a) violates any term or provision of the TOU, (b) violates the rights of Vision Systems Corp. or third parties, or (c) is otherwise inappropriate for continued access and use of the Web site. In addition, Vision Systems reserves the right to terminate inactive accounts. You agree that upon termination, we may, but we are not required to, delete all information related to your account.
11. Links. The Web site may contain links to WWW sites operated by third parties. Vision Systems Corp. is not responsible for the content of these WWW sites or for your transactions with them. Inclusion of links to such WWW sites does not imply any endorsement of the material on such WWW sites by Vision Systems Corp.
12. Termination. You may discontinue your use of the MyVisionOfLife software and the Web site at any time. The TOU will continue to apply to all past use of the Web site by you, even if you are no longer using it. We may terminate your license to use the MyVisionOfLife Software at any time.
13. Disclaimer. THE WEB SITE MAY CONTAIN OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. VISION SYSTEMS CORP. DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND WEB SITE CONTENT SOLELY AT YOUR OWN RISK. THE WEB SITE, THE MYVISIONOFLIFE SOFTWARE AND THIRD PARTY DATA ARE PROVIDED TO YOU "AS IS" WITH NO WARRANTY. NEITHER VISION SYSTEMS CORP. NOR ANY DATA PROVIDER PROVIDES ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELINESS, NON-INFRINGEMENT OR TITLE OF ANY INFORMATION FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISION SYSTEMS CORP. AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB SITE AND THE WEB SITE CONTENT, THE MYVISIONOFLIFE SOFTWARE, AND ALL INFORMATION DERIVED FROM THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH VISION SYSTEMS CORP. INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, VISION SYSTEMS CORP. DOES NOT WARRANT THAT THE SOFTWARE, THE WEB SITE OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEB SITE IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE MYVISIONOFLIFE SOFTWARE. HOWEVER, SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
14. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL VISION SYSTEMS CORP. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS OR ANY DATA PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OF OR INABILITY TO USE THE WEB SITE OR THE MYVISIONOFLIFE SOFTWARE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON THE WEB SITE, EVEN IF VISION SYSTEMS CORP. OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER VISION SYSTEMS CORP. NOR ANY DATA PROVIDER SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (i) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF THE THIRD PARTY DATA OR ANY OTHER INFORMATION SUPPLIED TO YOU THROUGH THE SERVICE OR (ii) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE THIRD PARTY DATA. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Indemnification. You agree to indemnify, defend and hold harmless Vision Systems Corp. and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your failure to comply with the TOU, your infringement or violation of any intellectual property or other right of a third party, your User Content, or from your violation of any applicable law.
16. Applicable Law. The TOU is entered into in Toronto, Ontario and governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions. Federal law governs copyright, patent, and trademark matters. You agree that the proper forum for claims under the TOU will be the courts of the Province of Ontario, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees.
17. Miscellaneous. The TOU, and if you are a Registered User of the MyVisionOfLife software, the Software License Agreement, constitute the entire agreement between you and Vision Systems Corp. If any provision of the TOU is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the TOU shall remain in full force and effect. The failure by Vision Systems Corp. to insist upon or enforce strict performance of any provision of the TOU will not be construed as a waiver of any provision or right of Vision Systems Corp. The TOU will inure to the benefit of Vision Systems Corp. and its successors and assigns.
18. Export restrictions; government rights. The MyVisionOfLife Software is subject to restrictions and controls imposed by the International Traffic in Arms Regulations and Arms Export Control Acts. You agree and certify that neither the MyVisionOfLife Software nor any product of it is being or will be acquired, shipped, transferred or exported, directly or indirectly, outside the U.S. or Canada or will be used for any purpose prohibited by these laws. However, if you are a U.S. citizen or permanent resident alien, you may travel to other countries (unless prohibited by these laws) with the Software installed on your personal computer, as long as it is not otherwise being used or transferred in violation of these laws. The Software is a "commercial item" as defined at 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 12.212 (September 1995). All U.S. government users acquire only those rights in the Software that are provided in this agreement, consistent with 48.C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995).