- Background. The Site provides information on Canonic Security and its products and services
- Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
- Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visitor use the Site. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
- Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
4.1 Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content(defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system(including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
- Account. In order to use some of the services of the Site, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Canonic immediately of any breach of security or unauthorized use of your Account. As between you and Canonic, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Canonic at firstname.lastname@example.org
- Payments to Canonic. Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but Canonic may in the future charge a fee for certain accessor usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
- Intellectual PropertyRights.
7.1 Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"),(ii) and User Submissions, as defined below (together with the Materials, the"Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Canonic and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. Canonic”,the Canonic logo, and other marks are Marks ofCanonic or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
7.2 Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
- User Submissions.
8.1 Responsibility. The Site may permit the submission, hosting, sharing and publishing of Content by you and other users ("UserSubmissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your UserSubmissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including UserSubmissions) at any time and for any reason.
8.2 Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Canonic to use all Intellectual Property Rights(defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to UserSubmissions. "Intellectual Property Rights"means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
8.3 License to UserSubmissions. By submitting theUser Submissions to Canonic, you hereby grant Canonic a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform theUser Submissions in connection with the Site and Canonic's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform suchUser Submissions, all in accordance with these Terms.
8.4 ProhibitedContent. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii)involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
8.5 Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Canonic is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, suchUser Submissions; and (ii) you may be exposed to User Submissions that are in accurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Canonic with respect to (i) and (ii)herein.
- Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
10.2 Canonic permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii)the hyperlink text shall accurately describe the Content as it appears on theSite; (iii) you shall not misrepresent your relationship with Canonic or present any false information about Canonic and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent;(iv) you shall not link from a website ("Third Party Website")which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
- Copyright Policy. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with ourCopyright and Content Policy which may be viewed at: www.canonic.com/copyright ("CopyrightNotice").
- Warranty Disclaimers.
13.1 This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
13.2 THE SITE IS PROVIDED ONAN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CANONIC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CANONIC DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT CANONIC WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS,TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY ATHIRD PARTY.
13.3 CANONIC DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION,AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
13.4 YOU SPECIFICALLY ACKNOWLEDGE THAT CANONIC SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY,OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OFHARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13.5 YOUR RELIANCE ON, ORUSE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS ATYOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION,YOU AGREE THAT CANONIC IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. CANONIC RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
- Limitation of Liability.
14.1 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CANONIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TOUSE, THE SITE, EVEN IF CANONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
14.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CANONIC FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO CANONIC FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
- Indemnity. You agree to defend, indemnify and hold harmless Canonic and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from:(i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii)your interaction with any Site user; or (iv) your violation of these Terms.
- Term and Termination. These Terms are effective until terminated by Canonic or you. Canonic, inits sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Canonic shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 17 and Sections 8(Intellectual Property Rights), 9.3 (License to User Submissions), 12 (Privacy),14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), and 18 (Independent Contractors) to20 (General) shall survive termination of these Terms.
- Independent Contractors. You and Canonic are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Canonic You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Canonic.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Canonic without restriction or notification to you. Any prohibited assignment shall be null and void.
- General. Canonic reservesthe right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between youand Canonic shall be governed by and construed acordance with the laws of the State of New York, withoutregard to its principles of conflict of laws. You agree to submit to the personal andexclusive jurisdiction of the courts located in Borough of Manhattn, New Yorkandwaive any jurisdictional, venue, or inconvenient forum objections to suchprovided that Canonic may seekinjunctive relief in any court of competent jurisdiction. These Terms shallconstitute the entire agreement between you and Canonic cerning the Site. If any provision ofthese Terms is deemed invalid by a court of competent jurisdiction, theinvalidity of such provision shall not affect the validity of the remainingprovisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall bedeemed a further or continuing waiver of such term or any other term, and aparty's failure to assert any right or provision under these Terms shall notconstitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOUMAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1)YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.