Last Updated: December 3, 2004
AGREEMENT BETWEEN YOU AND KALADOR ENTERTAINMENT INC.
The Kalador Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Kalador Sites constitutes your agreement to all such terms, conditions, and notices. Additionally, the Kalador Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Kalador Site, then these terms shall control.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Kalador Site, or any product or service offered on any Kalador Site (each a .Kalador Site/Service., and collectively .Kalador Sites/Services.) requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Kalador immediately of any unauthorized use of your account or any other breach of security. Kalador will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Kalador or another party due to someone else using your account or password. You may not use anyone else.s account at any time, without the permission of the account holder.
Kalador reserves the right to change the terms, conditions, and notices under which the Kalador Sites/Services are offered, including but not limited to the charges associated with the use of the Kalador Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Kalador Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Kalador Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Kalador Sites/Services. Without the advance express written permission of Kalador, you may not .meta-search. the Kalador Sites/Services, send, or cause to be sent, any automated queries of any sort to the Kalador Sites/Services, or use the Kalador Sites/Services in any commercial manner. .Automated queries. shall include but not be limited to using any software that sends queries to any Kalador Sites/Services to determine how a site .ranks. on any Kalador Sites/Services.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Kalador Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Kalador shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Kalador Sites/Services, you will not use the Kalador Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Kalador Sites/Services in any manner that could damage, disable, overburden, or impair any Kalador Site/Service(s) (or the network(s) connected to any Kalador Site/Service(s)) or interfere with any other party's use and enjoyment of any Kalador Site/Service(s). You may not attempt to gain unauthorized access to any Kalador Site/Service, other accounts, computer systems or networks connected to any Kalador Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Kalador Sites/Services.
USE OF SERVICES
The Kalador Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
- Publish, post, upload, distribute or disseminate
any topic, name, material or information that incites discrimination, hate
or violence towards one person or a group because of their belonging to a
race, a religion or a nation, or that insults the victims of crimes
against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files that
contain images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all necessary
consents to do the same.
- Use any material or information, including
images or photographs, which is made available through the Kalador
Sites/Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer, phone or property of another.
- Use of meta tag searches on the sites.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
- Falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is
- Restrict or inhibit any other user from using
and enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of
- Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any directory of users of
a Kalador Site/Service(s) or other user or usage information or any
Kalador has no obligation to monitor the Communication Services. However, Kalador reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kalador reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Kalador reserves the right at all times to disclose any information as Kalador deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kalador's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Kalador does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kalador specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kalador spokespersons, and their views do not necessarily reflect those of Kalador.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO KALADOR OR POSTED AT ANY KALADOR SITE
Kalador does not claim ownership of the materials you provide to Kalador (including feedback and suggestions) or post, upload, input or submit to any Kalador Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Kalador, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Kalador Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Kalador Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. Kalador is under no obligation to post or use any Submission you may provide and Kalador may remove any Submission at any time in its sole discretion.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE KALADOR SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the Kalador Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Kalador Entertainment Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KALADOR SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE KALADOR SITES/SERVICES AND TO THE INFORMATION THEREIN. KALADOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KALADOR SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE KALADOR SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KALADOR ENTERTAINMENT INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE KALADOR SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KALADOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT KALADOR SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN KALADOR SITE/SERVICE. YOU SPECIFICALLY AGREE THAT KALADOR IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT KALADOR IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A KALADOR SITE/SERVICE BY ANY THIRD PARTY.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Kalador may establish limits concerning use of any Kalador Service offered on an Kalador Site, including without limitation the maximum number of days that e-mail messages will be retained by any Kalador Service, the maximum number of e-mail messages that may be sent from or received by an account on any Kalador Service, the maximum size of an e-mail message that may be sent from or received by an account on any Kalador Service, the maximum disk space that will be allotted on Kalador's servers on your behalf, and the maximum number of times and duration you may access any Kalador Service in a given period of time.
You agree that Kalador has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Kalador Service. You acknowledge that Kalador reserves the right to log off accounts that are inactive for an extended period of time.
KALADOR MAKES NO WARRANTY THAT ANY KALADOR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Kalador reserves the right, in its sole discretion, to terminate your access to any or all Kalador Sites/Services and the related services or any portion thereof at any time, without notice.
Kalador may also terminate or suspend your access to Kalador Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Kalador. The amount of time that Kalador currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Kalador Site/Service, your right to use the Kalador Site/Service immediately ceases.
Kalador shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
Kalador will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Kalador liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Kalador's actual damages, to the extent such actual damages can be reasonably calculated.
This agreement is governed by the laws of the Province of British Columbia, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Kalador Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kalador as a result of this agreement or use of the Kalador Sites/Services. You agree to indemnify and hold Kalador, its parents, subsidiaries, affiliates, officers, employees, and carrier partners harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Kalador Sites/Services. Kalador reserves the right to disclose any personal information about you or your use of the Kalador Sites/Services, including its contents, without your prior permission if Kalador has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Kalador or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Kalador's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kalador's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kalador Sites/Services or information provided to or gathered by Kalador with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kalador with respect to the Kalador Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kalador with respect to the Kalador Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Kalador, Play Anywhere, We Are Mobile Entertainment, Billy Battles Back, Dance Off!, Outlast!, Ascension, Kalador Messenger, Kalador Trivia, and/or other Kalador products and services referenced herein may also be either trademarks or registered trademarks of Kalador in Canada and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.