ACCEPTANCE OF TERMS
- This Agreement, which incorporates by reference other provisions applicable to use of The Honour House Society Web Site, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in The Honour House Society Web Site, sets forth the terms and conditions that apply to use of The Honour House Society Web Site by The User. By using Honour House Society (other than to read this Agreement for the first time), The User agrees to comply with all of the terms and conditions hereof. The right to use The Honour House Society Web Site is personal to The User and is not transferable to any other person or entity. The User is responsible for all use of The User’s Account (under any screen name or password) and for ensuring that all use of The User’s Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of The User’s password(s), if any.
- Honour House Society shall have the right at any time to change or discontinue any aspect or feature of The Honour House Society Web Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Honour House Society shall have the right at any time to change or modify the terms and conditions applicable to The User’s use of The Honour House Society Web Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on The Honour House Society Web Site, or by electronic or conventional mail, or by any other means by which The User obtains notice thereof. Any use of The Honour House Society Web Site by The User after such notice shall be deemed to constitute acceptance by The User of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through its Web property, Honour House Society provides The User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of The Honour House Society Web Site and all charges related thereto.
THE USER CONDUCT
- The User shall use The Honour House Society Web Site for lawful purposes only. The User shall not post or transmit through The Honour House Society Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Honour House Society ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a The User that in Honour House Society ‘s discretion restricts or inhibits any other The User from using or enjoying The Honour House Society Web Site will not be permitted. The User shall not use The Honour House Society Web Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with Honour House Society.
- The Honour House Society Web Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of The Honour House Society Web Site are copyrighted as a collective work under Canadian copyright laws. Honour House Society owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The User may download copyrighted material for The User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Honour House Society and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- The User shall not upload, post or otherwise make available on The Honour House Society Web Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with The User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of The Honour House Society Web Site, The User automatically grants, or warrants that the owner of such material has expressly granted Honour House Society the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other The User to access, view, store or reproduce the material for that The User’s personal use. The User hereby grants Honour House Society the right to edit, copy, publish and distribute any material made available on The Honour House Society Web Site by The User.
- The foregoing provisions of Section 5 are for the benefit of Honour House Society, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable The User to communicate with others (each a “Communication Service” and collectively “Communication Services”). The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, The User agrees that when using the Communication Services, The User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless The User own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another the User of a Communication Service that The User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete 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 material contained in a file that is uploaded.
- Restrict or inhibit any other the User from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of the Users of the Services or other the User or usage information or any portion thereof.
Honour House Society has no obligation to monitor the Communication Services. However, Honour House Society reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Honour House Society reserves the right to terminate The User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Honour House Society reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Honour House Society’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; The User is responsible for adhering to such limitations if The User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. Honour House Society does not control or endorse the content, messages or information found in any Communication Services and, therefore, Honour House Society specifically disclaims any liability with regard to the Communication Services and any actions resulting from The User’s participation in any Communication Services. Managers and hosts are not authorized Honour House Society spokespersons, and their views do not necessarily reflect those of Honour House Society.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires The User to open an account, The User must complete the registration process by providing Honour House Society with current, complete and accurate information as prompted by the applicable registration form. The User also will choose a password and a User name. The User is entirely responsible for maintaining the confidentiality of The User’s password and account. Furthermore, The User is entirely responsible for any and all activities that occur under The User’s account. The User agrees to notify Honour House Society immediately of any unauthorized use of The User’s account or any other breach of security. Honour House Society will not be liable for any loss that The User may incur as a result of someone else using The User’s password or account, either with or without The User’s knowledge. However, The User could be held liable for losses incurred by Honour House Society or another party due to someone else using The User’s account or password. The User may not use anyone else’s account at any time, without the permission of the account holder.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Honour House Society and/or its suppliers. Use of the Software is governed by the terms of the end the User license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end the User will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end the 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 severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
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 ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, HONOUR HOUSE SOCIETY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, HONOUR HOUSE SOCIETY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. HONOUR HOUSE SOCIETY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
HONOUR HOUSE SOCIETY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HONOUR HOUSE SOCIETY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL HONOUR HOUSE SOCIETY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HONOUR HOUSE SOCIETY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL HONOUR HOUSE SOCIETY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MATERIALS PROVIDED TO HONOUR HOUSE SOCIETY OR POSTED AT ANY OF ITS WEB SITES