WebKomet Terms of Services.



By using and uploading to WebKomet you agree to the WebKomet Terms of Services (TOS) and User Agreement as follows:

WebKomet is operated by, the property of, and copyright of WebKomet Inc.


DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

WEBKOMET DOES NOT GUARANTEE AVAILABLITY OR PRICING OF ITEMS AVAILABLE FOR SALE ON THE WEBSITE.

WEBKOMET DOES NOT GUARANTEE THE CONTENT OF ITS ARTICLES, NEWS, OR OTHER SUCH TEXT.

YOUR USE OF WEBKOMET AND SOFTWARE ARE AT YOUR SOLE RISK. WEBKOMET SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBKOMET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WEBKOMET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) WEBKOMET OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) WEBKOMET SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBKOMET OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH WEBKOMET OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE WEBKOMET OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, 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 WEBKOMET OR THROUGH OR FROM WEBKOMET OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBKOMET SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBKOMET SERVICE. IMMEDIATELY DISCONTINUE USE OF WEBKOMET AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBKOMET SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBKOMET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBKOMET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBKOMET SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBKOMET SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE WEBKOMET SERVICE.

USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WebKomet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the WebKomet. WebKomet does not control the Content posted by WebKomet users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the WebKomet, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WebKomet be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via WebKomet.

You agree to NOT use WebKomet to:

-upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

-harm minors in any way;

-impersonate any person or entity, including, but not limited to, a WebKomet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

-forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the WebKomet;

-upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

-upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

-upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);

-upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

-disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the WebKomet are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

-interfere with or disrupt the WebKomet servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the WebKomet, including using any device, software or routine to bypass our robot exclusion headers;

-"stalk" or otherwise harass another; and/or

-collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

You acknowledge that WebKomet may or may not pre-screen Content, but that WebKomet and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via WebKomet. Without limiting the foregoing, WebKomet. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WebKomet or submitted to WebKomet, including without limitation information in WebKomet Message Boards and in all other parts of WebKomet.

You acknowledge, consent and agree that WebKomet may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of WebKomet, its users and the public.

You understand that WebKomet and software embodied within WebKomet may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by WebKomet and/or content providers who provide content to WebKomet. You may not attempt to override or circumvent any of the usage rules embedded into WebKomet. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on WebKomet, in whole or in part, is strictly prohibited.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of WebKometand transfer, posting and uploading of software, technology, and other technical data via WebKomet may be subject to the export and import laws of Canada and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the Canada and U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via WebKomet to parties identified on such lists; (b) agree not to use WebKomet for military, nuclear, missile, chemical or biological weaponry end uses in violation of Canada and U.S. export laws; (c) agree not to transfer, upload, or post via WebKomet any software, technology or other technical data in violation of Canada and U.S. or other applicable export or import laws.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON WEBKOMET.COM

WebKomet is not resposible for any uploaded content and may remove it at any time.

WebKomet does not claim ownership of Content you submit or make available for inclusion WebKomet. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of WebKomet, you grant WebKomet the following worldwide, royalty-free and non-exclusive license(s).

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of WebKomet, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on WebKomet solely for the purpose for which such Content was submitted or made available.

"Publicly accessible" areas of WebKomet are those areas of the WebKomet Inc. network of properties that are intended by WebKomet to be available to the general public.

CONTRIBUTIONS TO WEBKOMET

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to WebKomet through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) WebKomet is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) WebKomet shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) WebKomet may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of WebKomet without any obligation of WebKomet to you; and (f) you are not entitled to any compensation or reimbursement of any kind from WebKomet under any circumstances.

INDEMNITY

You agree to indemnify and hold WebKomet and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through WebKomet, your use of WebKomet, your connection to WebKomet, your violation of the TOS, or your violation of any rights of another.

NO COMMERCIAL REUSE OF WEBKOMET

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, WebKomet (including Content, advertisements, Software and your WebKomet username/email).

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that WebKomet may establish general practices and limits concerning use WebKomet, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by WebKomet, the maximum number of email messages that may be sent from or received by an account WebKomet, the maximum size of any email message that may be sent from or received by an account on WebKomet, the maximum disk space that will be allotted on WebKomet servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the WebKomet in a given period of time. You agree that WebKomet has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the WebKomet. You acknowledge that WebKomet reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that WebKomet reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO WEBKOMET

WebKomet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, WebKomet (or any part thereof) with or without notice. You agree that WebKomet shall not be liable to you or to any third party for any modification, suspension or discontinuance WebKomet (or any part thereof).

TERMINATION

You agree that WebKomet may, without prior notice, immediately terminate, limit your access to or suspend your WebKomet account and access to the WebKomet. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to WebKomet (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with WebKomet. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in WebKomet sole discretion and that WebKomet shall not be liable to you or any third party for any termination of your account, any associated email address, or access to WebKomet.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through WebKomet, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WebKomet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on WebKomet.

LINKS

WebKomet may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that WebKomet 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 WebKomet 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.

WEBKOMET'S PROPRIETARY RIGHTS

You acknowledge and agree that WebKomet and any necessary software used in connection with WebKomet ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through WebKomet or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by WebKomet or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on WebKomet, such Content or the Software, in whole or in part.

WebKomet grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to WebKomet. You agree not to access WebKomet by any means other than through the interface that is provided by WebKomet for use in accessing WebKomet.

EXCLUSIONS AND LIMITATIONS

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE

WebKomet may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on WebKomet, or other reasonable means now known or hereafter developed.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and WebKomet and governs your use of WebKomet, superseding any prior version of this TOS between you and WebKomet with respect to WebKomet. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WebKomet, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and WebKomet each agree that the TOS and the relationship between the parties shall be governed by the laws of Canada without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and WebKomet, shall be brought exclusively in the courts located in Canada.

Waiver and Severability of Terms. The failure of WebKomet to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your WebKomet account is non-transferable and any rights to your WebKomet Username or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of WebKomet or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.