Terms of Service
Please read the following agreement (the “Terms”) carefully.
They explain the policies and rules related to use of our site (the “site”). By
accessing, using or downloading materials from the site or by completing the
registration process and clicking the “Build site” button or clicking on "Sign
Up,” you are stating that you are at least 18 years old or a minor whose parent
is allowing You to use our site, and that you agree with
Web Ahoy and Mezine.com Inc. (“us”, “we”, “our” or “Web Ahoy”) to the
following Terms. If you do not agree with the Terms then you should not
use or access this site. “You” refers to you, the user, together with any
company or other business entity you are representing.
1. Registration
You can easily begin using our site by filling out our one page membership
form. In registering with us, you agree to provide accurate, current and
complete information about yourself, and to update that information if it
changes; if you don't, we have the right to close your account and any web pages
created under your account.
As part of the registration process, you will choose a password. It is your
responsibility to keep this password confidential. You are responsible for all
actions taken under your password. If you find out that your password or account
is being used by someone without your consent, or you discover any other breach
of security, you agree to notify us immediately at through either the email
support feature in your website (log in at "Web Ahoy",
go to "help & support", "ask a question to support", "other")
or through the email support/help feature on the Web Ahoy
home page (go to the "support" tab, "ask a question").
2. Charges and Billing
Web Ahoy reserves the right to charge fees for the Service or any portion
thereof. Any applicable fees will be posted on the Web Ahoy Web site. If you are
required to pay a fee for all or any part of the Service for which you have
chosen to register, you hereby authorize Web Ahoy to charge your credit card in
advance for all applicable fees incurred by you in connection with your chosen
Service and your Account. You hereby acknowledge that in most cases, Web Ahoy
will be charging your designated credit card in accordance with the payment
schedule of the Service for which you have registered, but some charges may
accumulate on your credit card account before they are charged to your credit
card account. You further acknowledge that it is your responsibility to notify
Web Ahoy of any changes to your credit card or if your credit card has expired
otherwise your access to the Service may be disconnected or interrupted. All
fees shall be paid in U.S. dollars.
All charges for your website will show on your credit
card statement as Web Ahoy or WebsiteDynamics.
Web Ahoy reserves the right to change any fees (which includes, but is not
limited to, charging a fee for packages, options, upgrades and/or a Service for
which Web Ahoy does not currently charge a fee) or billing methods at any time,
provided, however, that such modifications shall not take effect earlier than
thirty (30) days after Web Ahoy posts such modification on the Web Ahoy Web
site. Web Ahoy also has the right to collect applicable taxes and impose premium
surcharges for some areas of the Service and these surcharges may apply
immediately after you register for the Service. The answer to many common
billing questions can by found by logging in to Member's Account and going to
the Help & Support page. As set forth in Section 10 of this Agreement, you may
cancel your Account at any time, but Web Ahoy will not refund any remaining
portion of your pre-paid fees when you cancel your Account.
You agree to pay your Account balance on time. You also agree to pay any
taxes, including sales or use taxes, resulting from your use of the Service.
Amounts not paid by you to Web Ahoy when due will be assessed an additional 1.5%
(or the highest amount allowed by law, whichever is lower) per month if your
payment is more than thirty (30) days past due. That amount is also due
immediately. You are responsible and liable for any fees, including attorney and
collection fees, that Web Ahoy may incur in its efforts to collect any remaining
balances due from you. This Section 2 shall in no way limit any other remedies
available to Web Ahoy. You also acknowledge and agree that you will be billed
for and will pay any outstanding balances if you cancel your Account or your
Account is terminated. You must notify Web Ahoy of any billing problems or
discrepancies within sixty (60) days after they first appear on your credit card
account statement. If you do not notify Web Ahoy within sixty (60) days, you
waive any right to dispute such problems or discrepancies.
3. Footer
You understand that the phrase “Powered by Web Ahoy” will be placed in the
footer to each and every web page generated and transmitted by Web Ahoy’s System
but may be easily removed from your website through your website manager tools.
4. Reference to Your site
You agree to allow Web Ahoy to announce our customer relationship with you in
a press release or similar distribution. This includes allowing us to profile
and link to your site in any communications.
5. Directory
You agree to allow Web Ahoy to list your site in a Web Ahoy directory without
your permission unless otherwise agreed upon. It is your responsibility to
contact Web Ahoy to have your site unlisted through either the email support
feature in your website (log in at "Web Ahoy",
go to "help & support", "ask at question to support", "other")
or through the email support/help feature on the Web Ahoy
home page (go to the "support" tab, "ask a question").
6. Privacy
At Web Ahoy, we respect the privacy of our members. You agree that Web Ahoy
may disclose information we have collected from you and/or content you have made
available on our site when Web Ahoy believes in good faith that the law requires
it, or to protect the rights or property of Web Ahoy or its visitors, or as
otherwise stated in the Privacy Policy. For more details, please see our Privacy
Policy. Our
Privacy Policy is deemed to be part of these Terms.
Upon request Web Ahoy may disclose your contact information to customers of
your website, government agencies, any trademark or copyright owner requiring to
contact you in regards to transactions or content on your site.
While we do our utmost to safeguard your information, please remember that
privacy over the Internet cannot be guaranteed, and keep this in mind when
deciding what information to transmit or broadcast through Web Ahoy's site.
7. Member Conduct
In general, we do not screen or edit information transmitted or shared by
members on our site, but we reserve the right (but have no duty) to monitor, to
remove any objectionable information, and to remove any web pages from our
system at any time, without notice, at our sole discretion.
To help ensure that everyone's experience at Web Ahoy is a positive one, we
have certain rules for conduct, which you must agree to in using our site.
You agree to:
- follow all of your local, provincial/state, national and international
laws and regulations.
- be responsible for all information, data, text, software, music, sound,
photographs, images, graphics, video, messages or other material (“Content”)
that occur under your account or password, including any Content transmitted
or broadcast through your account.
- comply with all applicable laws regarding the transmission of technical or
other data exported from the country in which you reside.
- provide direct contact
information your customer can use to contact you regarding questions and
issues regarding purchases from your site.
- Allows us to contact
you via mail, email and telephone for the purpose of activation, service or
billing, even if you are on the Federal Do Not Call List. You agree not to
report our email communications to you as SPAM to anyone to any governing
body, ISP or service provider since you are able to opt in or opt out of any
mailings you request and agree to receive.
You also agree that you will not:
- upload, post or transmit through your Web Ahoy site any unlawful,
harassing (including “stalking”), pornographic, abusive, threatening, harmful,
obscene, libelous, tortuous, defamatory, vulgar, invasive of another’s
privacy, hateful, excessively violent or racially, ethnically or otherwise
objectionable content. Pornographic material includes genitalia and/or female
breasts being displayed as well as sexual acts. Exceptions can be made with
our prior consent. For example, we may consent to a site that teaches how to
breast feed. If you feel that your site may be an exception, please send us an
e-mail stating your case either through the email support feature in your
website (log in at "Web Ahoy", go
to "help & support", "ask a question to support", "other")
or through the email support/help feature on the Web
Ahoy home page (go to the "support" tab, "ask a question")..
- copy, broadcast, distribute, or otherwise use any content provided by
others, in a manner that is unlawful, harassing, abusive, threatening,
harmful, obscene, libelous, tortuous, or otherwise objectionable on your Web
Ahoy site.
- host or transmit any content that might infringe the intellectual property
rights, privacy rights, rights of publicity, or other proprietary rights of
others.
- copy, broadcast, distribute, or otherwise use any content provided by
others, in a manner that infringes the intellectual property rights, privacy
rights, rights of publicity, or other proprietary rights of others.
- interfere with or disrupt Web Ahoy's site, services, computer systems,
servers or networks, or violate the regulations or policies of such networks.
- transmit any content containing viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful programs.
- attempt to gain unauthorized access to Web Ahoy's site or services,
others' accounts, private web sites, or computer systems or networks connected
to Web Ahoy's site, through password mining or otherwise.
- engage in any systematic extraction of data or data fields, including
without limitation e-mail addresses.
- frame the site in any way or otherwise attempt to defeat, modify or bypass
any pages or functionality of the site.
- collect information about others without their consent.
- provide false information on your registration form, impersonate any
person or the voice of any person, or otherwise attempt to mislead others
about your identity or affiliation with a person or entity or the origin of a
message or other communication.
- transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail
or duplicative messages.
- copy audio content without the permission of all parties to the
conversation.
- sell access to or use of any services available on Web Ahoy's site.
- interfere with anyone's use or enjoyment of Web Ahoy's site.
- harm minors in any way.
- fail to respond to customer, copyright or trademark holders' questions
within 3 business days.
- promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote
any act of cruelty to animals. This may include, but is not limited to,
providing instructions on how to assemble bombs, grenades and other weapons
and creating “Crush” sites.
- use your home page (or directory) as storage for remote loading or as a
door or signpost to another home page, whether inside or beyond our site.
8. Third Party Content
For your convenience, the Service, which includes the Web Ahoy Web site,
contains products, services, content and information from third party providers
(which includes advertisers and affiliates) and/or links to their Web sites
("Third Party Content"). Such Third Party Content is not under the control of
Web Ahoy and Web Ahoy is not responsible for such content, including, without
limitation, any link contained in such content, or any changes or updates to
such content. Web Ahoy is under no obligation, but does reserve the right to
pre-screen Third Party Content available on the Service and does not assume any
responsibility or liability for the content provided by others. Web Ahoy is
providing such Third Party Content to you only as a convenience, and the
inclusion of such content does not imply endorsement by Web Ahoy of such content
or the affiliate or advertiser. You may be subject to additional and/or
different terms, conditions, and privacy policies when using third party
products, services, content, software, or sites. Web Ahoy does reserve the right
to remove content that, in Web Ahoy's judgment, does not meet its standards, but
Web Ahoy is not responsible for any failure or delay in removing such material.
Web Ahoy is not and will not be responsible for (i) the terms and conditions
of any transaction between you and any third party, (ii) any insufficiency of or
problems with any such third party's background, insurance, credit or licensing,
or (iii) the quality of services performed by any such third party or any other
legal liability arising out of or related to the performance of such services.
In the event that you have a dispute with any such third party, you release Web
Ahoy (and its affiliates, suppliers, agents and employees) from any and all
claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
9. End Users to Your site
Your relationship with your end users, “End Users” in this Agreement
referring to any user who visits your site and uses the Web Ahoy Service, is
independent from Web Ahoy. Web Ahoy will be not be held liable for any
disagreements between you and your End Users and will not get involved with any
disputes arising from your relationship.
10. Cancellation/Termination
Either you or Web Ahoy may terminate or cancel your account at any time. You
understand and agree that the cancellation of your account is your sole right
and remedy with respect to any dispute with Web Ahoy. You also agree that Web
Ahoy may close your account and prevent you from using our site for violating
any of our Terms of Service, or for any other reason, at any time, at Web Ahoy's
sole discretion, without prior notice to you. In most instances, however, Web
Ahoy will review a web site and if it is found to be in violation of any of our
the Terms Of Service, you will be given a warning. If the web site continues to
violate our rules, the site will be deleted.
11. Storage of Content
The storage space per web site is limited, so it is possible that some
messages or other content you transmit may not be processed due to space
constraints, or will not be stored for a long time. You agree that Web Ahoy is
not responsible or liable for deleting or failing to store any content. You
agree to download your email on a regular basis and will not leave a copy of the
email on the servers. You agree that Web Ahoy can delete any email on the
servers older than 45 days.
If you delete your website in part or in whole, accidentally or
intentionally, and you ask Web Ahoy to attempt to retrieve it from the archives,
you agree that Web Ahoy will charge a $50 fee to your credit card for this
service. You agree that Web Ahoy is not responsible or liable for any content
that cannot be retrieved.
12. Maintenance and Updates
Web Ahoy reserves the right to interrupt service no more than five (5)
percent of the year for maintenance and updates to our site. This service
interruption does not include power outages, service loss or any other reasons
as listed in Section 22 Force Majeure.
13. Indemnification
You agree to indemnify and hold Web Ahoy, rebranders, cobranders, and its
suppliers, affiliates, partners, subsidiaries, directors, shareholders and
employees (collectively, the "Indemnified Parties") harmless from any and all
claims and demands, losses, liability costs and expenses (including, but not
limited to, reasonable attorneys' fees), incurred by an Indemnified Party
arising out of or related to (i) your breach of this Agreement; (ii) any
information (including but not limited to your data and your publicly posted
information) submitted, posted, or otherwise provided by you at your site and/or
to Web Ahoy and/or its affiliates; (iii) any dispute or litigation between an
Indemnified Party and a third party caused by your actions; and (iv) your
negligence or violation or alleged violations of any rights of another. These
obligations will survive any termination of your relationship with Web Ahoy or
your use of the Service. To the fullest extent permitted by law, the foregoing
indemnity will apply regardless of any fault, negligence, or breach of warranty
or contract of Web Ahoy and/or its suppliers, affiliates, partners, subsidiaries
and employees.
14. Indemnification by Customer
You will defend, indemnify and hold Web Ahoy harmless from and against any
and all liabilities, losses, damages, costs and expenses (including reasonable
legal fees and expenses) associated with any claim or action brought against Web
Ahoy that arises directly or indirectly from you or your end-users, or the
content of such end-user’s web site, contrary to the provisions of this
Agreement, including claims based on representations, warranties, or
misrepresentations made by you, provided that Web Ahoy promptly notifies you in
writing of the claim and allows you to control and fully cooperate with you in
the defense and all related settlement negotiations. You shall be relieved of
its indemnification obligations under this Agreement to the extent it is
actually prejudiced by Web Ahoy’s failure to provide such notice or cooperation.
You shall have no liability for any settlement or compromise made without its
prior written consent, although such consent not to be unreasonably withheld.
15. Changes to Terms of Use
Web Ahoy reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the service (or any part thereof) with
or without notice. You should periodically review these Terms for changes. Your
continued use of the site and the services following the posting of any changes
confirms your agreement with such changes. You agree that Web Ahoy shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the service.
16. Proprietary Rights to Content
You agree that Content presented through our site by Web Ahoy, its
advertisers, or others, including all text, graphics, logos, button icons,
images, audio files, software, data compilations and other intellectual
property, is owned by Web Ahoy or its licensees and is protected by copyright,
trade-mark, service mark, patent, or other proprietary rights and laws. You
agree not to otherwise copy, change, upload, transmit, sell or distribute any
content available through Web Ahoy's site, including code and software, except
standard page caching which occurs in the normal course of browsing. By way of
example, you agree not to use any trade names or trademarks displayed on any
other web site you operate such as in the meta-data of such web site. Except as
expressly authorized by Web Ahoy or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service or
the software, in whole or in part. You also agree not to record or otherwise
make a copy of audio content on the site unless you have the permission of all
parties to the conversation to do so.
17. Your Grant of Limited License
By posting or submitting content to the site, you (a) grant to Web Ahoy and
its affiliates and licensees the royalty free, non-exclusive right to use,
reproduce, display, perform, adapt, modify, distribute, have distributed and
promote the content in any form, anywhere and for any purpose; (b) warrant and
represent that you own or otherwise control all of the rights to the content and
that the public posting and use of your content by Web Ahoy will not infringe or
violate the rights of any third party; and (c) waive all moral rights that you
have in the content and warrant and represent that all other authors and
creators of the content have also waived their moral rights in and to the
content.
18. User Forums
The site provides users with the opportunity to post and share messages. You
should use caution as any disclosed personal information becomes public
information. We may, but we are not obliged to, monitor or review any content
including messages posted to the site. Web Ahoy is not responsible for any
content, opinions, or views expressed by its members or visitors on its web
sites.
19. External Links
Web Ahoy's site may contain links to other sites. You agree that Web Ahoy
does not endorse any other sites and is not liable for any loss or damages
related to the content, products or services available through those sites.
Because Web Ahoy has no control over such sites and resources, you acknowledge
and agree that Web Ahoy is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Web Ahoy shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
20. Severability
If any provision of this Agreement shall be held illegal, unenforceable, or
invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and
effect.
21. Headings
The titles and headings of the various sections and paragraphs in this
Agreement are intended solely for convenience of reference and are not intended
for any other purpose whatsoever, or to explain, modify or place any
construction upon any of the provisions of this Agreement.
22. Force Majeure
Web Ahoy shall not be liable for the failure to perform any of its
obligations under this Agreement, if such failure is caused by the occurrence of
any event beyond the reasonable control of such party, including without
limitation, fire, flood, strikes and other industrial disturbances, failure of
raw materials suppliers, accidents, transmission difficulties, Internet outages,
riots, insurrections, acts of God or orders of governmental agencies.
23. Security
You will be fully responsible for maintaining the confidentiality of your
passwords, and you will notify Web Ahoy immediately if you believe that the
security of your account has been compromised. Web Ahoy DOES NOT REPRESENT OR IN
ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND Web Ahoy SHALL
NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
24. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Web Ahoy EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Web Ahoy MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Web Ahoy
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF SERVICE.
25. Limitation of Liability
IN NO EVENT SHALL Web Ahoy AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING,
INCLUDING NEGLIGENCE) EVEN IF Web Ahoy OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE
OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE
SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY
OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF
LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
Web Ahoy's AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR
RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO Web Ahoy UNDER
THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE
OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Web Ahoy
nor its suppliers is responsible for any of your data residing on the Service or
Web Ahoy's suppliers' hardware. You are responsible for backing-up your data and
information that may reside on the Service or Web Ahoy's suppliers' hardware,
whether or not such information is produced through the use of the Service. It
is your responsibility to take the necessary steps to ensure that your primary
means of business is maintained (if applicable).
26. Governing Law
These Terms are governed by the laws of the Province of British Columbia and
the laws of Canada applicable therein. No action or proceeding may be commenced
or maintained in relation to the site, the Services or these Terms except in a
court of appropriate jurisdiction in British Columbia and you hereby irrevocably
agree to attorn to the jurisdiction of such courts.
27. Dispute Resolution
Member agrees that any dispute or claim arising out of or related to the
Service or this Agreement, or the interpretation, making, performance, breach or
termination thereof, shall be finally settled by binding arbitration in
Vancouver, British Columbia under the American Arbitration Association Rules by
one arbitrator appointed in accordance with said Rules. The proceedings shall be
conducted and all evidence shall be offered in the English language. Member
agrees that any claim against Web Ahoy must be filed within one (1) year of the
time such claim arose, regardless of any law to the contrary, otherwise such
claim will be barred forever.
Notwithstanding the above, Web Ahoy may apply to any court of competent
jurisdiction (i) for a temporary restraining order, preliminary injunction or
other interim or conservatory relief as necessary, including without limitation
for breach of Section 16 (Proprietary Rights to Content) or (ii) to collect fees
due and owing from Member pursuant to this Agreement, without breach of this
arbitration agreement and without any abridgment of the powers of the
arbitrator.
This Agreement shall be governed in all respects by the laws of the Province
of British Columbia, Canada. Such law shall be applied by the arbitrator to the
merits of any dispute or claim. For any non-arbitral action or proceeding
arising out of or related to the Service or this Agreement, both parties submit
to sole and exclusive jurisdiction and venue in the courts located in Vancouver,
Canada and further agree that any such action or proceeding shall be brought in
a court in Vancouver, British Columbia.
A printed version of this Agreement 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.
28. Confidential Information
“Confidential Information” is any data or information, oral or written,
treated as confidential that relates to either party’s (or, if either party is
bound to protect the confidentiality of any third party’s information, such
third party’s) past, present, or future research, development or business
activities, including any unannounced products and services, any information
relating to services, inventions, processes, plans, source code, object code,
binary code, algorithms, ideas, know-how, financial information, customer data,
revenue, transaction volume, forecasts, projections, and the financial terms of
this Agreement. Notwithstanding the foregoing, Confidential Information shall
not be deemed to include information if: (i) it was already known to the
receiving party prior to the Effective Date of this Agreement as established by
documentary evidence; (ii) it is in or has entered the public domain through no
breach of this Agreement or other wrongful act of the receiving party; (iii) it
has been rightfully received by the receiving party from a third party and
without breach of any obligation of confidentiality of such third party to the
owner of the Confidential Information; (iv) it has been approved for release by
written authorization of the owner of the Confidential Information; (v) it has
been independently developed by a party without access to the Confidential
Information of the other party; or (vi) it is required to be disclosed pursuant
to final binding order of a governmental agency or court of competent
jurisdiction, provided that the owner of the Confidential Information has been
given reasonable notice of the pendency of such an order and the opportunity to
contest it.
29. Relationship to Customer
Web Ahoy and you shall perform all duties under this Agreement as independent
contractors. Nothing in this Agreement shall be construed to give either party
the power to direct or control the daily activities of the other party, or to
constitute the parties as principal and agent, employer and employee, franchiser
and franchisee, partners, joint venturers, co-owners, or otherwise as
participants in a joint undertaking. The parties understand and agree that,
except as specifically provided in this Agreement, neither party grants the
other party the power or authority to make or give any agreement, statement,
representation, warranty, or other commitment on behalf of the other party, or
to enter into any contract or otherwise incur any liability or obligation,
express or implied, on behalf of the other party, or to transfer, release, or
waive any right, title, or interest of such other party.
30. Standard Clip-Art and Photos
As part of the Service, Web Ahoy provides you with standard clip-art and
photos to incorporate into your web sites. In using the clip-art and photos, you
are governed by an Image License Agreement with Hemera the supplier of the
clip-art and photos. Such
Image
License Agreement is incorporated into this Agreement. You understand that
the Image License Agreement is a separate contractual relationship between you
and Hemera and that you, and not Web Ahoy, are responsible for all liability,
and obligations in connection with that relationship. Web Ahoy is not a party
to, and shall not be involved in or responsible for, transactions, agreements,
and/or disputes between you and Hemera ("Hemera Dispute"). In the event of a
Hemera Dispute, you hereby release Web Ahoy (and its officers, directors,
agents, and employees) from claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any connection with
such disputes.
31. Copyright Policy
It is the policy of Mezine.com Inc. (“Web Ahoy”, “us” or “we”) to respect the
intellectual property rights of others; we ask that our members do the same. Web
Ahoy may terminate the accounts of those who appear to infringe the intellectual
property rights of others, and/or Web Ahoy may remove content that has prompted
a complaint.
If you believe that your copyright in any material has been infringed by Web
Ahoy or a member of the Web Ahoy community, please provide us with the
following:
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing, identified
with sufficient detail to enable us to locate it on the site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above
information in your notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on the copyright
owner's behalf; and
- A physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright interest.
Please direct all notices of claims of copyright infringement relating to the
Web Ahoy site through either the email support feature in your website (log in
at "Web Ahoy", go to "help &
support", "ask a question to support", "other")
or through the email support/help feature on the Web Ahoy
home page (go to the "support" tab, "ask a question").