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Terms and Conditions

Syvum Membership Terms and Conditions Syvum Service Agreement 4.22.1999 ACKNOWLEDGMENT AND ACCEPTANCE OF SYVUM AGREEMENT. Syvum Technologies Inc., ("Syvum") shall provide software products ("SyvumBooks") and services ("the Syvum Service") to you ("User") under the terms and conditions of this Syvum Agreement ("the Agreement"). THE USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH SYVUM AND NOT THE WEB SITE WITH WHOM SYVUM HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH SYVUM AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOG-IN PAGE OF THIS SITE. USERS UNDER 13 MAY SIGN UP FOR THE SYVUM SERVICE ONLY WITH THE CONSENT OF THEIR PARENT OR GUARDIAN. ACCEPTABLE USE POLICY. The following policy governs the use of the Syvum Service by User. User will comply with the terms and spirit of the Agreement. User shall at all times provide Syvum with accurate information. User shall immediately notify Syvum of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or Syvum's provision of the Syvum Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the Syvum services without the express written consent of Syvum. TITLE. Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the Syvum Service, and provided by either Syvum or sponsors or any other content provider shall remain in Syvum and/or its sponsors or any other content provider. User acknowledges and agrees that certain content within Syvum services may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties. INDEMNIFICATION. User agrees to indemnify and hold Syvum and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Syvum Service, the violation of the Agreement by User, or the infringement by User, or other user of the Syvum Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications. PRIVACY STATEMENT. The following discloses Syvum's information gathering and dissemination practices. Contents of User Communications. User accounts are password protected and Users are responsible for maintaining the confidentiality of the passwords. Cookies. A "cookie" is a file transferred from Syvum's web site to the hard drive of User's computer. Syvum uses cookies to save User's passwords so Users do not have to re-enter them each time they log-on to access their accounts, to personalize the Syvum Service, and to show Users banner advertisements. For Users who share their computers, it is recommend that such Users logout after each session and close their browsers. Registration Information. The registration form for the Syvum Service requires certain contact information (like a User email address, address and zip code) and demographic information (like a User's gender and age) ("Registration Information"). Syvum provides Registration Information to the party with which Syvum has partnered to provide the Syvum Service. Registration information is also used by Syvum as follows: a) Custom Web Experience, Advertising and Promotions. Syvum's Service is advertising supported. Syvum uses Registration Information to tailor the web experience and advertising to the interests of individual Users, and to send Users promotional information from Syvum sponsors when requested by individual Users. Syvum provides Registration Information to certain companies for analysis, modeling and comparison to enable Syvum to display advertisements which are available and suitable for individual Users; for fulfilling promotions requested by Users; and for displaying advertisements not served directly by Syvum. All such companies are required to sign confidentiality and non-disclosure agreements prohibiting them from contacting Users directly; using User's Registration Information in any way other than specified by Syvum; and from disclosing User Registration Information to any party other than Syvum-approved parties providing other services to Syvum, which parties are also required to sign confidentiality and non-disclosure agreements. b) Syvum Communication. Syvum uses Registration Information to contact Users if necessary regarding User accounts or other User service issues; to send Users Syvum newsletters containing information on Syvum developments, new features, and member benefits. Users may opt-out of receiving Syvum newsletters and other promotions as detailed below. c) Third-Party Promotions. Syvum provides Registration Information to third parties to enable them to send Users promotions when requested by Users. Syvum has no control over, and is not responsible for, the use of Registration Information provided to such third parties. Users are advised to refer to the privacy policies of the applicable third parties. Users may opt-out of third-party promotional programs which they have previously authorized as detailed below. Children under 13. Children under 13 ("Child" or "Children") are not eligible to register for the Syvum Service. They may, however, sign up for the Syvum Kids Club only with the consent of their parent or guardian. Registration Information for Children under 13 is not disclosed to third parties in connection with promotional programs, even if Children under 13 authorize such disclosure. Opting-Out. To opt-out from any promotion which a User has previously authorized, <a href=/contact.html>contact us</a>specifying the program(s) from which the User desires to opt-out. Unsubscribe to Newsletters. Users can unsubscribe to the Syvum newsletters by <a href=/contact.html>contacting us</a>. Deactivation of Syvum Service and Removal of User Registration Information. If Users wishes to deactivate their account and remove their personal information from Syvum's database Users can <a href=/contact.html>contact us</a>. Accessing and Modifying User Registration Information. Users can request and/or make changes to all their User Registration Information by <a href=/contact.html>contacting us</a>. More Information. Questions or comments about this Privacy Policy, the practices of Syvum, or the Syvum Service, should be directed to: Syvum Technologies, Inc. 5-3024 Hurontario St. Suite 213 Mississauga ON L5B 4P4 Email available from: http://www.syvum.com/contact.html NOTICE. Any notice required under the Agreement shall be given as follows: Notice from User to Syvum shall be in writing and shall be made either via email or certified mail; Notice from Syvum to User shall be in writing and shall be made either via email, certified mail or may be posted on Member login section of the Syvum web site. DISCLAIMER OF WARRANTY. SYVUM EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SYVUM SERVICE AND PRODUCTS. THE SYVUM SERVICE AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE SYVUM SERVICE AND PRODUCTS IS BORNE BY USER. SYVUM MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE SYVUM SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SYVUM OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SYVUM SERVICE AND PRODUCTS, THE PERFORMANCE OF SYVUM SERVICE AND PRODUCTS, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL SYVUM BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT SYVUM RECEIVED FROM USER FOR THE SYVUM SERVICE OR PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER. INFRINGEMENT. User acknowledges and agrees that if the user's use of the Syvum service and products does interfere with the rights of any third party or is for any unlawful purpose, Syvum may immediately suspend the use of such Syvum service, and User will indemnify and hold Syvum harmless, in accordance with the Indemnification section above, for any claim or demand against Syvum that arises out of such use. MODIFICATION. Syvum reserves the right to modify the Syvum service and products as described in the Agreement and on the site, and to change the terms and conditions of the Agreement. Syvum will post the new Agreement and updated descriptions of the Syvum service and products on the site. Continued use of the Syvum service after such postings shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement. Users not wishing to be bound by the modified Agreement or Syvum Service may terminate the Syvum Service pursuant to the Termination section below. TERMINATION. Syvum services may be terminated in whole or in part, effective immediately, by either Syvum or User at any time upon written notice to the other party. Upon termination, User's right to use the Syvum service immediately ceases. Syvum shall not be liable to User or any third party for termination of the Syvum service. In the case of a terminated paid Syvum service ("Premium Service"), upon written request to Syvum, User shall receive at Syvum's option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the Syvum service is terminated due to User's violation of the terms of this Agreement. Syvum retains the right, at Syvum's sole discretion, to terminate any and all parts of the Syvum Service provided to User, without refunding User any fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. SEVERABILITY. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement. ACTION LIMIT. User and Syvum agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. NO WAIVER. No waiver on the part of Syvum to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision. SYVUM SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of any Syvum successor companies or assigns. HEADINGS. The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada applicable to agreements executed and performed wholly within the Province of Ontario.