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Terms and Conditions
Website Use
On2Chat Use
Website Terms and Conditions
Mobile Reach Media Inc., (the "Company") provides the information and services on the website located at www.on2chat.com, and the On2Chat service (the "Website"), under the following terms and conditions of use (the "Terms and Conditions"). The Website is meant to provide you with information about our company and the On2Chat messaging service. By accessing the Website, or using the On2Chat service, you indicate your acceptance of the Terms and Conditions. You are encouraged to check the Terms and Conditions each time you access the site, or use the On2Chat service. We reserve the right to modify the Terms and Conditions at any time and without notice. Your continued use of this Website or the On2Chat service indicates your agreement to the most current version of the Terms and Conditions, as amended from time-to-time.
Your access to and use of this Website or the On2Chat service is subject to the Terms and Conditions, in addition to all applicable laws, rules and regulations. You agree not to use the Website, nor shall you permit others to use the Website, in any way that violates the Terms and Conditions or any applicable laws, rules or regulations.
You acknowledge that the Company may, from time to time, without notice to you and at its sole discretion, establish various practices, limitations and restrictions for administering this Website or the On2Chat service, including, without limitation, how often the Website may be accessed and other matters related to administration of this Website or the On2Chat service. You also agree that the company is not responsible or liable for deactivation or deletion of information or content resulting from, or arising out of, administration of this Website or the On2Chat service.
The Company is under no obligation to monitor the information or content available or transmitted through this Website or the On2Chat service. However, you agree that the company may monitor such information and content to: (1) comply with any applicable laws, rules or regulations; (2) to administer this Website and the On2Chat service properly; and (3) to protect itself, you and other users of this Website or the On2Chat service. Should you provide the company or its contractors or agents with information and/or content, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information and/or content shall be deemed to be non-confidential and the company assumes no obligation to protect such information and/or content from disclosure. The company shall be free to reproduce, use, disclose and distribute such information and/or content to others without restriction, and you acknowledge that the company has absolutely no liability for alleged infringement or misappropriation in connection with such information and/or content. The submission of such information and/or content to the company shall in no way prevent the purchase, manufacture or use of any products, services, plans or ideas by the company for any purpose whatever.
It is the Company's policy to respect the privacy of its customers and persons who visit its Websites. For this reason, the Company has established a privacy policy, the terms of which are available for review at www.on2chat.com/privacy.html, and incorporated into the Terms and Conditions by this reference. This privacy policy is subject to change at any time without notice by, and in the sole discretion of the Company.
You assume all responsibility and risk for use of this Website or the On2Chat service and the Internet generally. Access to and/or use of information, content, products and/or services provided on, or publicised on or available through this Website or the On2Chat service are provided or made available on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the Company, its parent, its affiliates or its contractors or agents, or the wireless carrier through whom you access or use the On2Chat service, shall create any warranty. We, nor the wireless carrier through whom you access or use the On2Chat service, do not make any warranties or representations as to accuracy or completeness of information on this site or the On2Chat service. We periodically add, change, or update the information and documents on this Website and the On2Chat service without notice. Further, the Company, nor the wireless carrier through whom you access or use the On2Chat service, does not warrant that information, content, products and/or services provided on or available through this Website or the On2Chat service will be uninterrupted, accurate, complete, useful, functional or error free, or that any software or other material provided on or available through this Website is free of viruses or other harmful components.
This Website and the On2Chat service may provide links or references to third party websites. The company, nor the wireless carrier through whom you access or use the On2Chat service, however, has no control over or responsibility for information or content available on or accessible through third parties, third party websites, or any transactions that occur through those websites. These Terms and Conditions, as well as the privacy policy and security levels governing this Website or the On2Chat service, may differ significantly from the terms and conditions, privacy policies and security levels of third party websites. The Company, therefore, cautions you to make certain that you understand the terms and conditions, privacy policies and security levels applicable to third party websites before retrieving, using, relying upon or purchasing anything via such websites. The Company also prohibits unauthorized links to the Website, as well as the "deep linking" or framing of any information and/or content contained on the Website or any portion of the Website.
We reserve the right to disable any unauthorized links or frames. We have no responsibility or liability for any material on other websites that may contain links to this Website or the On2Chat service.
The Company or the wireless carrier through whom you access or use the On2Chat service,will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any damages whatsoever (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) resulting from an inability to access or use this Website or the On2chat service and/or the loss of any information or content available on or accessible through this Website or the On2Chat service, whether in an action of contract, negligence, strict liability or other tortious action or legal basis, arising out of or in connection with the information or content available on or accessible through this Website or the On2Chat service, even if the Company has been advised of the possibility of such damages. You agree and acknowledge that these limitations on the liability of the company and the the wireless carrier through whom you access or use the On2Chat service,reflect a reasonable allocation of risk and that such allocation of risk is a significant inducement for the Company or the wireless carrier through whom you access or use the On2Chat service, to allow you to access and use this Website or the On2Chat service.
In no event will the aggregate, total liability of the Company and the wireless carrier through whom you access or use the On2Chat service, for damages, injury, losses and causes of action, whether in contract, tort or otherwise, arising from or relating to access or use of this Website or the On2Chat service exceed $100. Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to certain customers. In such jurisdictions, the Company's liability and/ or the liability of the wireless carrier through whom you access or use the On2Chat service,is limited to the greatest extent permitted by law.
You agree to indemnify and hold the Company, its shareholders, its affiliates, its officers, its directors, its employees, its advisors and/or its contractors and agents, and the wireless carrier through whom you access or use the On2Chat service harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your access to or use of this Website or the On2Chat service, the violation by you of the Terms and Conditions or the infringement by you of any intellectual property or other right of any person or entity.
The On2Chat name and logo and other trademarks and trade names owned by the Company may not be used in any commercial manner without the prior written consent of the Company. Any reference made on the Website to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not indicate or imply that we endorse, recommend, or favour the item mentioned.
The information and content available on or accessible through this Website or the On2Chat service is the copyrighted property of the Company, its licensors, a vendor or other applicable licensor. Permission to copy and distribute such information and content is granted subject to the following: (1) the information and content is provided for personal, non-commercial use only; and (2) any copies of the information and content made by you with the permission of the company must include the appropriate copyright notice. This copyright notice is: "Copyright© 2003 Mobile Reach Media, Inc. All Rights Reserved." the Company copyright policy is located at 1235 Bay Street, Suite 1000, Toronto, ON M5R 3K4. Such information and content is protected by the laws of the Canada, including but not limited to the copyright and trademark laws, and your use of this Website or the On2Chat service and of such information and content shall be governed by the Terms and Conditions. All images, designs, and textual material displayed on this Website or the On2Chat service constitute intellectual property that is owned or licensed by the Company, and that is protected by laws of the Canada including but not limited to the copyright and trademark laws. The copying or use of any such property without the express written permission of the Company is strictly prohibited. You may not use any trademarks, registered or unregistered, associated with the Website for any purpose, including, but not limited to use as "hot links" or meta-tags in other pages or sites on the world wide web without the written permission of the Company.
All information and content made available on or accessible through this Website or the On2Chat service may contain other proprietary notices or describe products, services, processes or technologies owned by the Company or third parties. Nothing contained in these Terms and Conditions shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of the Company or any third party.
The Mobile Reach Media, Inc. name, trade names, trademarks and logo, as well as all related product and service names, design marks and slogans are the property of the company. All other product and service marks referenced in this web site are the names, trade names, trademarks and logos of their respective owners.
This Website is controlled and operated by the Company from Toronto, Ontario. The Company makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access this Website or the On2Chat service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the Province of Ontario for any cause or action arising out of these Terms and Conditions.
In the event that any portion of these Terms and Conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
Our contact information is: contactus@on2chat.com.
Additional On2Chat Terms and Conditions
Participating in an On2Chat Room ("On2Chat") is provided as a service by Mobile Reach Media Inc. (the "Company") to you ("you" or "user"), under the following terms and conditions of use (the "Terms and Conditions").
The Company reserves the right to change the nature of this relationship at any time and for any reason.
If you enter a chat room of On2Chat, that action will constitute acceptance of the Terms and Conditions of this agreement.
If you do not agree to abide by these Terms and Conditions, please do not enter or use On2Chat.
Eligible Canadian customers ("Customers") may use the On2Chat service made available by your carrier on these Terms and Conditions (as amended from time to time). By using On2Chat, Customers are deemed to have accepted these Terms and Conditions.
A 15¢ charge applies to each text message sent by customers to use On2Chat. Return messages are free, excepting MTS who will charge 50¢ for each user session. For the avoidance of doubt, these charges will apply even if the text message is not successfully delivered to the intended recipient or is delayed due to network disruption, network congestion, network fault, any other associated problem, or Customer error.
To be eligible to use On2Chat, a Customer must: have a handset that is capable of receiving and sending text messages and is connected to a participating Canadian GSM or Digital CDMA network; and not be barred from using On2Chat. You must be over the age of 13 to use On2Chat.
Customers must not use On2Chat or generate On2Chat content, including nicknames and profiles ("Content"): with the intention or result that another person is menaced or harassed; that would be regarded by reasonable persons as being, in all the circumstances, offensive; that is indecent, obscene, offensive, abusive, threatening, menacing, harassing, defamatory or incites hatred to any person or groups; that is unsuitable for minors under 18 years' old, having regard to any reference in that content to matters of sex, drug misuse or addiction, crime, cruelty, violence, revolting or abhorrent phenomena or obscene language; that interferes with the enjoyment of On2Chat by other Customers or users of the On2Chat system; that infringes a third party's rights (including intellectual property rights and copyright); or that advertises products or services.
When using On2Chat, Customers agree that: the Company nor the wireless carrier through whom you access or use the On2Chat service is not responsible for any Content generated by other Customers or users of the On2Chat system; your profile may be seen by other users; you may receive multiple messages from On2Chat or other users anytime; Content generated by other Customers or users of the On2Chat system may contain language or concepts that may be offensive, indecent, obscene, menacing or harassing; the Company, nor the wireless carrier through whom you access or use the On2Chat service, is under no obligation to monitor or censor the Content generated by Customers, however, reserves the right to do so; the Company is not responsible for, and to the extent permitted by law, excludes all liability (including negligence) for, any loss, damage or injury which results directly or indirectly from On2Chat or the Customer's use of On2Chat; the Company, nor the wireless carrier through whom you access or use the On2Chat service, is not responsible for any text message not received or delayed due to network disruption, network congestion, network fault, any other associated problem or Customer error; and Customers use On2Chat at their own risk.
Customers agree to indemnify the Company and/or the wireless carrier through whom you access or use the On2Chat service, against any loss, damage, injury, costs or expenses (including legal fees) arising from any breach by the Customer of these Terms and Conditions or the Customer's use of On2Chat.
It is the Company's policy to respect the privacy of its Customers. For this reason, the Company has established a privacy policy, the terms of which are available for review at www.on2chat.com/privacy.html, and incorporated into the Terms and Conditions by this reference. This privacy policy is subject to change at any time without notice by, and in the sole discretion of the Company.
The Company reserves the right to cancel or suspend or modify a Customer's access to or use of On2Chat at any time, without notice to the Customer, for any reason, including if the Customer does anything which, in the Company's view, is not permitted under clause 4 ("Prohibited uses of On2Chat") of these Terms and Conditions; change or withdraw On2Chat at any time without notice to Customers; and change or withdraw these Terms and Conditions, at any time without notice to Customers.
You expressly agree that use of On2Chat is at your own risk. Neither the Company, nor the wireless carrier through whom you access or use the On2Chat service, shall be responsible for any Content found on On2Chat and that you, the User assume all liability for the Content that you post. The Company, and the wireless carrier through whom you access or use the On2Chat service, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement The Company and /or the wireless carrier through whom you access or use the On2Chat service, make no warranty that On2Chat will meet your requirements, or that On2Chat will be uninterrupted, timely, secure, or error free; nor does the Company, or the wireless carrier through whom you access or use the On2Chat service, make any warranty as to the results that may be obtained from the use of On2Chat or as to the accuracy or reliability of any information obtained through On2Chat.
No advice or information, whether oral or written, obtained by You from On2Chat shall create any warranty not expressly made herein.
To the full extent permissible under the applicable law, neither the Company, nor the wireless carrier through whom you access or use the On2Chat service, shall be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use On2Chat or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through On2Chat or resulting from unauthorized access to or alteration of profits, use, data, or other intangible properties, even if the Company has been advised of the possibility of such damages.
We believe that none of On2Chat's rooms appeal directly to children of 13 years old or less. If we develop such a service, we will only request a minimum amount of personal information from users.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the Province of Ontario for any cause or action arising out of these Terms and Conditions.
In the event that any portion of these Terms and Conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
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