WOW Tech Canada Ltd.
Last Updated: May 27, 2019
1. Permitted Use
2. Limited License
WTC grants to you a limited, revocable, non-exclusive, non-transferable, non-assignable license to reproduce content on the Website and use the Website solely for your own personal, non-commercial use and for no other purpose whether express or implied. WTC reserves all rights not expressly licensed to you under this agreement.
3. Use Restrictions
- rent, lease, license, sublicense, transfer, host, loan, sell or otherwise transfer in any form any part of the Website or the Content to any third party;
- copy, modify, broadcast, transmit, circulate, reproduce, republish or distribute in any form any part of the Website or the Content;
- “frame”, “mirror”, “deep-link” or otherwise incorporate the Website or the Content or any part thereof on any website;
- access, monitor or copy any part of the Website or the Content using any robot, spider, scraper or other automated means;
- violate the restrictions in any robot exclusion headers on the Content or the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Website;
- use the Website or Content as part of any service for sharing, lending or multi-person use;
- circumvent, disable or defeat any of the security features or components, such as encryption functionality, that protect the Website;
- attempt to gain unauthorized access to any of WTC’s accounts, computer systems or networks associated with the Website;
- disassemble, decompile, reverse engineer, modify, adapt any components or otherwise exploit of the Website or the Content, or create derivative works based on the Website or the Content, in whole or in part;
- block, disable, or otherwise effect any advertising, tabs, links to other sites and services, or any other features forming part of the Website;
- use the Website or the Content in any way that that infringes, violates or misappropriates the rights of any third party, including without limitation third-party intellectual property rights;
- restrict or inhibit another user from using the Website;
- impersonate any person, including us or other users of the Website;
- except as expressly permitted by the Website, save, download, archive or otherwise copy any Content; or
- authorize or assist any third party to do any of the things described in this section.
5. License Grant to Data You Provide To Us
You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the Website; or (b) we collect from third parties with your permission, and including all results from processing such data, information, records and files, including compilations, and derivative works thereof, including for the purpose of: (i) providing and making available the Website; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to WTC on or through the Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments“) you grant WTC a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however WTC desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.
You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of WTC and its successors, assigns and licensees.
WTC does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant WTC the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify WTC and its affiliates for all claims resulting from or relating to any Comments you submit.
WTC and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
7. Content You Post On The Website
You will not post any Content or Comments on the Website that:
- uses offensive, racist, hateful, vulgar, obscene or otherwise harmful language;
- is defamatory;
- divulges another person’s or entity’s confidential information or trade secret;
- is fraudulent, unlawful, threatening, harassing, abusive or discriminatory;
- encourages criminal conduct;
- advertises or solicits business for products and services other than those offered or promoted on the Website, including any Content that may reasonably be considered spam, junk mail or any other type of unsolicited mass message to individuals or entities that have not agreed to receive such Content;
- contains or links to any virus, malware, spyware or other harmful content or code;
- violates any laws (including copyright, trade-mark or other intellectual property or privacy laws); or
- you do not have the right to submit, disseminate or transmit.
8. User Content
The use of any Content available on the Website is at your own risk. We have no obligation to prescreen, edit or remove any Content provided by you or other users that is posted on or made available through the Website.
9. Suspension of Use; Term and Termination
Our KegelCore Website Privacy Notice (“Privacy Notice”) sets out a description of the privacy and data practices on the Website, and is accessible at kegelcore.com/privacy-policy. Please review our Privacy Notice carefully. By using the Website, you consent to the data practises set out in the Privacy Notice.
11. Third Party Websites
The Website may provide links to third party websites. These links are provided solely for your convenience and for the convenience of other users of the Website. We do not endorse the information, products or services described on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control, and if you choose to access any such website, you do so entirely at your own risk.
The downloading and viewing of Content is done at your own risk. We cannot and do not guarantee or warrant that the Website or the Content are compatible with your computer system or that the Website or the Content, or any links from the Website or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.
13. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Website. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.
14. Health and Medical Disclaimer
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:
- YOU SHOULD ONLY RELY ON YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL FOR ADVICE ON ALL MEDICAL DECISIONS. THE WEBSITE IS NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT; AND
- THE WEBSITE IS NOT INTENDED FOR USE IN EMERGENCY, CRITICAL CARE, OR OTHER HIGH RISK SITUATIONS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND WTC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SUCH SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS. WTC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED ON THE WEBSITE, OR SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR SUCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SUCH SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WTC SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability
18. Intellectual Property Rights
You acknowledge and agree that the Website, the Content, and all other materials provided to you by us is licensed to you and not sold to you. WTC retains all right, title and interest (including intellectual property rights) in the Website, the Content, and all other materials provided by us hereunder, including any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein. All trademarks are the property of their respective owners. You are not authorized to use any such trademarks. The Website and the Content contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright. You will not use such proprietary content, information, or materials in any way whatsoever except for the Permitted Use of the Website. You agree not to remove any trademark, copyright, or other proprietary notices on or in any portion of the Website as delivered and to reproduce all such notices on and in all authorized copies.
WTC shall not be obligated to indemnify or defend you with respect to any claim arising out of or relating to the Website or use of the Website. To the extent that WTC is required to provide indemnification by applicable law for any third party claim that the Website, or your use of the Website, infringes a third party’s intellectual property rights, WTC will be solely responsible for the investigation, defense, settlement and discharge of any claim that the Website or your use of it infringes any third party intellectual property right, but only where WTC is required to provide indemnification under applicable law.
All Contents of the Website are: © 2019 WOW Tech Canada Ltd.
- WTC shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.