Last updated: June 1, 2008
Acceptance of Terms
Welcome to our website! Please read these Terms of Service carefully before using the Sites and Services (as defined below).
By using the Sites, you represent that you are an adult in your country of residence and you signify that you agree to these Terms of Service on behalf of yourself and, at your discretion, one (1) minor child for whom you are a parent OR guardian, which shall take effect immediately on your first use of the Sites. If you do not agree to be bound by these Terms of Service, please do not access, use, and/or contribute to (or authorize your minor child to access, use, and/or contribute to) the Sites.
The Services that (together with its affiliates, successors and assigns, "Arctic Zone®" or "we/us") provides to you via Arcticzone.com and CaliforniaInnovations.com (collectively, the "Sites") are subject to the following Terms of Service. Arctic Zone® reserves the right to modify and update these Terms of Service at any time, provided that it gives notice to you of any changes via e-mail and/or by posting the amended Terms of Service on the Sites. Such modifications and updates shall be effective upon your first use of the Site or Services after Arctic Zone® notifies you and makes them available for your review. If at any point you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Site or Service and to cancel any accounts or subscriptions that you may have established to access our Services ("Accounts"). Your continued use of the applicable Site or Service after your receipt of notice that a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any or all of your Accounts or Services. You acknowledge that we are not required to provide you notice before terminating or suspending your Service(s), but we may choose to do so.
We reserve the right to deny, in our sole discretion, any user access to the Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
Description of Services
Through the Sites, we may provide you with access to a variety of games, products and services, loyalty programs, and related resources, including download areas, communication forums, community sites and product information (collectively "Services"). The Services, including any updates, enhancements, new features, or the addition of any new Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials (as applicable, the "License Agreement"). If there is any conflict between these Terms of Service and the applicable License Agreement for a particular Service, Arctic Zone® shall resolve the conflict in its sole discretion. WE MAY CHANGE THE SITES OR SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
User Account, Password and Security
If any of the 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. If you elect to purchase subscription-based Services, you warrant that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a screen name. You may not use a screen name that is used by someone else, is vulgar or otherwise offensive (as determined by Arctic Zone®), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service or applicable License Agreements. Please DO NOT use personal information that can identify who you are when choosing your screen name. You are entirely responsible for maintaining the confidentiality of your Account information (including screen names and passwords and billing information). Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Arctic Zone® immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by Arctic Zone®). Arctic Zone® will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by Arctic Zone® or another party due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make available your Account to others. Any distribution by you of your Account or related information may result in cancellation of your Account.
Although a Service may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature may make it possible for third parties to access your Account. Use of this password bypass feature will be at your own risk.
You understand that online games and system specifications necessary to play games or access any other Services may continuously evolve over time. Accordingly, we reserve the right to modify or increase the system specifications necessary to play any online game or Services at any time and without prior notice.
Third Party Charges and Software License
Fees Charged by Third Party Sites
We may provide links to other web sites, some of which may charge fees. Arctic Zone® may also provide access to promotional partners and third party vendors who distribute our products and/or who provide content, goods or services on the Sites or the internet. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Arctic Zone® makes no representation or warranty regarding any content, goods or services provided by any third party even if linked from a Site or Service.
Software License
Any software that is made available to download or otherwise access from the Services ("Software") is the copyrighted work of Arctic Zone® or its licensors. Use of the Software is governed by the terms of the applicable License Agreement. A user may not install or use any Software, unless he or she agrees to the applicable License Agreement terms.
The Software is made available for download solely for use by users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
For any Software authorized for download or online use in connection with a Service through the Sites that is not accompanied by or otherwise already covered by a License Agreement, Arctic Zone® hereby grants to you, the user, a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services for noncommercial and personal use only in accordance with these Terms of Service and the Service-specific terms of use/service and code of conduct, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Arctic Zone® or its licensors. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, ABANDON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Restricted Rights Legend
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is , 36 Dufflaw Road, Toronto, Ontario M6A 2W1, Canada.
User Content
By "Content," we mean the software, communications, images, sounds, and all the material and information perceived or made available from the Sites or Services, whether provided by us or by users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Sites. Content standards may vary depending on where you are on the Sites, the type of Service you are participating in, and the expectations of the community.
Our representatives may monitor Content on the Sites or Services. But we cannot monitor or prescreen all of the Content on the Sites and Services, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services or the applicable License Agreement, you can report it to the support or community relations contact for the area in which the incident occurred. We do not endorse, approve, or prescreen any Content that you or other third parties communicate on the Sites or Services. We do not assume any responsibility or liability for Content that is generated by users of the Sites or Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Sites. We do not control the quality, accuracy or content of any translated versions of the Sites or Services.
We and our designees shall have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content posted in any Site or Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
From time to time, users may have the opportunity to provide feedback, suggestions and comments regarding your thoughts as to usability, overall impressions and improvements to Arctic Zone®’s products, the Sites and Services ("Feedback"). All Feedback is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that Arctic Zone® may use built-in tracking features to obtain information regarding your use of the Sites and Services, and agree that such information is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that all Content is the sole and exclusive property of Arctic Zone® and may be used by Arctic Zone® for any purpose. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by us or third-party licensors (collectively, "Rights"), or (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Arctic Zone® all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Arctic Zone® the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Content.
Downloaded Content
Arctic Zone® hereby grants you a personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for noncommercial and personal use only, one copy of any material that you are expressly authorized to download from this Site, such as content, audio or images which are made available for personal use by our fans or for press coverage (collectively the "Downloaded Content"); provided, however, that you must include or maintain all copyright and other notices contained or associated with such downloaded content. The Downloaded Content is provided on an “AS IS” basis without warranty of any kind and is subject to the disclaimers set forth below. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Downloaded Content. Arctic Zone® reserves the right to revoke this limited use license at any time, without notice, for any reason, and at its sole discretion.
You may not attribute or suggest any endorsement or approval of your use of the Downloaded Content by Arctic Zone® in any manner. You may not use Downloaded Content on sites that feature defamatory, pornographic, or inflammatory content.
Notwithstanding any provision or statement in the Sites or Services to the contrary, in the absence of a written agreement, Arctic Zone® or its licensors retain all right, title and interest in and to the Downloaded Content (subject to the limited license expressly provided for above or otherwise authorized by Arctic Zone® in writing).
Submissions, Fan Fiction and Artwork and Photographs
Arctic Zone® is pleased to hear from its customers and welcomes your comments regarding the Sites and Services. Unfortunately, however, Arctic Zone®' policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Arctic Zone® professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on the Sites, Services and products, we request that you be specific in your comments on the Sites, Services or products, and not submit any creative ideas, suggestions or materials.
If, despite our request, you intentionally or unintentionally send us unsolicited submissions (“Unsolicited Submissions”), you submit, post or otherwise send us any information, content or materials including, without limitation, creative suggestions, ideas, notes, drawings, concepts or other information (collectively, "User-Generated Content") through the Sites and Services (such User-Generated Content, together with Unsolicited Submissions, collectively, "Submissions"), Arctic Zone® (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on Arctic Zone®’s part and Arctic Zone® shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant Arctic Zone® (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on third party web sites, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. If you provide any Submissions, you warrant, represent and promise that you are eighteen (18) years of age or older. Anyone under eighteen (18) years of age must first contact Arctic Zone® at service@ca-innovations.com to obtain an agreement for your parent or guardian to sign prior to providing any Submission.
If you upload any photograph to or through any Arctic Zone® Site feature, you (a) grant to Arctic Zone® the non-exclusive, worldwide right to use, post, publish and display your photograph on any Site, without royalty or compensation of any kind, (b) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (c) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (d) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution, and (e) promise that you are eighteen (18) years of age or older. You understand that, once your photograph is posted, anyone can download or distribute that photograph. You expressly waive any and all claims you may have against Arctic Zone® and release Arctic Zone® from any and all liability arising from or related to the submission and Arctic Zone® or any third party's use of the photograph.
Restrictions and Conditions of Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service or the Service-specific License Agreements. You may not use the Services in any manner that could damage, disable, overburden, or impair any Arctic Zone® server, or the network(s) connected to any Arctic Zone® server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any Arctic Zone® server or to any of the Services, 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 Services.
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Arctic Zone® has no obligation to monitor the Communication Services. However, Arctic Zone® reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Arctic Zone® reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Arctic Zone®, and such communications shall not be considered reviewed, screened or approved by Arctic Zone®. Statements made in forums, bulletin boards, chats and other Communication Services reflect only the views of their authors. Arctic Zone® specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Moderators and hosts of such Communications Services are not authorized Arctic Zone® spokespersons, and their views do not necessarily reflect those of Arctic Zone®.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself through the Communications Services. Arctic Zone® is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
Arctic Zone® reserves the right at all times to disclose any Content found on the Communications Services as Arctic Zone® deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in Arctic Zone®’s sole discretion.
Code of Conduct
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Sites or Services in order to:
1. Conduct or send surveys, contests, pyramid schemes, chain letters, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
4. Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.
6. Except as expressly authorized by Arctic Zone®, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
7. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
8. Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.
9. Intentionally or unintentionally violate any License Agreement (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable for any particular Service.
10. Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited e-mails.
11. Intentionally or unintentionally violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
12. Impersonate or create a false identity (such as a celebrity or Arctic Zone® representative) for the purpose of misleading others, or falsely state or otherwise misrepresent your affiliation with a person or entity.
13. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
14. Attempt to get a password, other Account information, or other private information from a member or any other user of such Services.
15. Improperly use support or complaint buttons or make false reports to Arctic Zone® administrators.
16. Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.
17. Use the Sites or Services (including bulletin boards or other Communications Services) in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
18. Use the Sites, Services or Software to resell or make any commercial use of the Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of Arctic Zone®.
19. Use the Services for fraudulent transactions or other commercial transactions prohibited by these Terms of Service or applicable License Agreement.
Ownership
The Sites and Services, including, without limitation, all Software and Downloaded Content, contain copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and character data). The entire contents of the Sites and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws. Arctic Zone® (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that Arctic Zone® or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Sites and Services, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.
Arctic Zone® respects the intellectual property of others and expects users of the Sites and Services to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you know of or suspect that any use of the Site or Services constitutes copyright infringement, please send a notice to Arctic Zone® at: Attn: , 36 Dufflaw Road, Toronto, Ontario M6A 2W1, Canada. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and e-mail address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf.
Termination of Account
We have the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with Arctic Zone®. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Sites or any change in such Content; or (3) your ability to access or use the Services.
You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or Site.
Links to Third Party Sites
THE LINKS APPEARING IN CERTAIN SITES WILL LET YOU LEAVE THE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ARCTIC ZONE® AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. ARCTIC ZONE® IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. ARCTIC ZONE® IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ARCTIC ZONE® MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
Disclaimer of Warranty; Limitation of Liability
PLEASE READ CAREFULLY. THIS SECTION LIMITS OUR RESPONSIBILITY TO YOU FOR YOUR USE OF THE SITES, SERVICES, SOFTWARE OR CONTENT.
To the maximum extent allowed by law, neither Arctic Zone® nor its affiliates, subsidiaries, licensors, distributors, sublicensees, and their respective officers, directors, stockholders, employees, agents or subcontractors (collectively, the "Arctic Zone® Parties") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
YOU EXPRESSLY AGREE THAT THE USE OF THE SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. ARCTIC ZONE® PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ARCTIC ZONE® WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ARCTIC ZONE® PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR GAME PLAY FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE ARCTIC ZONE® PARTIES, OR BY YOUR OR ANY OTHER USER'S ERRORS OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE ARCTIC ZONE® PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ARCTIC ZONE® IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE ARCTIC ZONE® PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ARCTIC ZONE® OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE ARCTIC ZONE® PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH ARCTIC ZONE®. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF ARCTIC ZONE® AND THE ARCTIC ZONE® PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ARCTIC ZONE® DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE ARCTIC ZONE® PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THE SITES OR SERVICES FOR ANY PURPOSE.
THE CONTENT PUBLISHED ON THE SITES OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE ARCTIC ZONE® PARTIES MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITES, SERVICE(S), SOFTWARE OR CONTENT DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
General
These Terms of Service are governed by the applicable laws of the province of Ontario and the APPLICABLE laws of Canada. You consent and submit to the exclusive jurisdiction of the APPLICABLE courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Services. If you are accessing the Sites or Services from outside of Canada, then certain provisions of local laws may be required to apply, and in such an event such laws shall affect these Terms of Service only to the extent required by such jurisdiction and these Terms of Service shall be interpreted to give maximum effect to the Terms of use hereof. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Arctic Zone® as a result of these Terms of Service or use of the Sites, Services, Software or Content.
Arctic Zone® may assign these Terms of Service, in whole or in part, at any time. Arctic Zone®’s performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Arctic Zone®’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Arctic Zone® with respect to such use. You agree to indemnify and hold the Arctic Zone® Parties, harmless from and against 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 Services or Sites, or any violation by you of these Terms of Service. If any part of these Terms of Service are 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 these Terms of Service shall continue in effect. These Terms of Service, including the documents expressly incorporated by reference and any separate terms of use/service on any Site, constitute the entire agreement between you and Arctic Zone® with respect to the Sites and Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Arctic Zone® with respect to the Sites and Services. You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Arctic Zone®’s failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Arctic Zone® of any provision, condition or requirement of these Terms of Service or License Agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in these Terms of Service or License Agreements, no default, delay or failure to perform on the part of Arctic Zone® shall be considered a breach of these Terms of Service if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Arctic Zone®. All notices given by you or required under these Terms of Service shall be in writing and sent to: service@ca-innovations.com. Arctic Zone® may give notice to you by means of a general notice on the Sites or Services, electronic mail to your e-mail address on record in Arctic Zone®’s Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Arctic Zone®’s Account information.
The parties hereto have requested that these Terms of Service, and all correspondence and all documentation relating to these Terms of Service, be written in the English language.
International Use
UNLESS OTHERWISE SPECIFIED, THE MATERIALS ON THE SITES ARE DIRECTED SOLELY AT THOSE WHO ACCESS THE SITES FROM THE UNITED STATES OF AMERICA OR CANADA. ARCTIC ZONE® MAKES NO REPRESENTATION THAT ANY SERVICES REFERRED TO IN THE MATERIALS ON THE SITES ARE APPROPRIATE FOR USE, OR AVAILABLE, IN LOCATIONS OUTSIDE THE UNITED STATES OF AMERICA OR CANADA. THOSE WHO CHOOSE TO ACCESS THE SITES FROM LOCATIONS OUTSIDE THE UNITED STATES OF AMERICA OR CANADA ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. WE PROHIBIT ANY ACCESS AND/OR USE OF THE SITES FROM TERRITORIES OUTSIDE THE UNITED STATES OF AMERICA OR CANADA WHERE THE CONTENTS OF THE SITES ARE ILLEGAL OR UNLAWFUL.
Reservation of Rights
We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the Sites. Except as expressly provided in these Terms of Service or the applicable License Agreement, the availability of the Services and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein or the documents incorporated by reference are reserved by us (or our licensors).
Privacy policy
See our Privacy policy relating to the collection and use of your information, which is incorporated into and forms a part of these Terms of Service. You hereby consent that we may use your personally identifiable information in accordance with the terms of the Privacy policy .
Copyright and Trademark Notices
All content, design and layout of the Sites: Copyright © 2008 , 36 Dufflaw Road, Toronto, Ontario M6A 2W1, Canada. All rights reserved.
Arctic Zone® is a registered trademark of in the U.S., New Zealand, Japan, Australia, and the EU. All trademarks or tradenames are the property of their respective owners. Statements herein concerning future events and developments and Arctic Zone®’s expectations, beliefs, plans and estimates constitute forward-looking information that involves risks and uncertainties. Arctic Zone®’s actual results could differ materially from those indicated forward-looking information.
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