Terms and Conditions
TERMS AND CONDITIONS
Last Modified: April 2016
In consideration for permitting your access to our website and online services and other
good and valuable consideration, you agree as follows:
PAYK Inc. is a Canadian federally incorporated company. These terms and conditions (the
"Terms") form a legally binding agreement which govern your access to and use of PAYK
Inc.’s, ("we", "us" or "our") website ("Website") our online software as a service platform
and product delivery services (jointly the "Service").
THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON
YOU. YOU MUST REVIEW THESE TERMS, ALONG WITH ANY POLICIES
INCORPORATED BY REFERENCE HEREIN, BEFORE USING THE WEBSITE AND
BY USING OUR WEBSITE AND SERVICE, YOU, THE USER (HEREIN "YOU" OR
"YOUR"), REPRESENT AND WARRANT THAT:
1. YOU ARE OF THE AGE OF MAJORITY; AND
2. YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE
BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS
PLEASE STOP USING THE WEBSITE AND SERVICE AND CONTACT US
IF YOU ARE USING THE WEBSITE AND/OR SERVICE ON BEHALF OF, OR IN THE
EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.),
YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND
REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND
THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR"
WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY.
FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR
ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN
AGREEMENT BETWEEN YOU AND PAYK INC.
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME,
REVISE THESE TERMS BY UPDATING THIS PAGE. THE DATE OF THE LAST
VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE
TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE
RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE
TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH
AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER
SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE
AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND
SERVICE AND TERMINATE YOUR ACCOUNT.
WE USE YOUR PERSONAL AND BUSINESS INFORMATION IN ACCORDANCE WITH
TERMS. BY USING OUR WEBSITE AND SERVICE, YOU CONSENT TO SUCH
PROCESSING AND YOU WARRANT THAT ALL INFORMATION PROVIDED BY YOU IS
About Our Website and Service
We own and operate, in conjunction with our contractors, the Website and related Services.
We are not a grocery store, we simply facilitate the online sale and delivery of products sold
by local grocery, convenience and similar stores (“Stores”).
To place an order, all users of our Service must register for an account. You are required
to provide your full legal name, address, a valid email address, and any other information
reasonably requested by the Service. We also provide you with the ability to create an
account via third party providers such as Google, Facebook, Twitter, LinkedIn, Yahoo and
Whether you signed up for a free trial, pay for your grocery bill individually or access and
pay your grocery bill at the enterprise level (for example through an employer or
organization) you agree that access to your account (or accounts) constitutes good and
valuable consideration in exchange for agreeing to these Terms.
Upon establishing a user account with us, we hereby grant you a worldwide, nontransferable,
non-exclusive license to access the Service in accordance with these Terms,
but reserve the right to revoke said license and your access to our Website and Service
without cause or justification.
Additional terms, including but not limited to, grocery delivery, price, tax, account access
and payment may be specified on the Website and/or the Service. Those terms, as
amended from time to time, are hereby incorporated by reference and form part of this
Prices are an Invitation to Treat
Prices listed on the Website and Service are subject to change without notice. Such prices
shall be deemed to be an invitation to make an offer and are subject to acceptance by us.
Even in the event of an automated acceptance by us, you agree that we shall have the
opportunity to review and accept such orders prior to delivery. Prices and online orders are
also subject to availability. In addition, terms posted on the Website or Service concerning
minimum order quantities or amounts are hereby incorporated by reference.
If any information or terms posted to the Website or Service concerning price, delivery, tax,
discounts, refunds or cancellations are posted in error, we reserve the right to amend those
terms. Misprints, errors, omissions (including incorrect product specifications) or other
errors may sometimes occur.
We do not warrant that the content of the Website or Service, including, without limitation,
product descriptions, images, reviews or other content are accurate or complete. As a
result, we reserve the right to:
• Remove any product from the Website and Service;
• Correct any error, inaccuracy or omission at any time without prior notice or liability
to you or any other person;
• Change, at any time, the prices, fees, taxes, charges and specifications, any
promotional offers and any other content without any notice or liability to you or any
other person; and
• Reject, correct, cancel or terminate any order, including accepted orders for any
You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to these
Terms or arising from products purchased on the Online Store.
Access to your account is not transferrable and is only intended for the individual or entity
that established the account.
Upon setting up an account you will be required to create a password. You are responsible
for safeguarding the password you use to access the Website and Service and you agree
not to disclose your password to any third party. You agree you are responsible for any
activity on your account, whether or not you authorized that activity. You agree to
immediately notify us of any unauthorized use of your account.
You understand that the technical processing and transmission of the Website and Service,
including your content, may be transferred unencrypted, hacked or stolen by third-parties
and involve transmissions over various networks and devices.
To enhance the efficiency and cost-effectiveness of our business, we use a variety of
technology, including email applications, mobile devices, computers and third party cloud
based platforms, to store documents, information (including your personal information)
communicate with you and operate the Website and Service.
Where personal information is stored by third party cloud-based providers the servers are
not always located within Canada. This may make your data and personal information the
subject of foreign laws and foreign legal proceedings. You consent to our and our
contractors’ use of these electronic services and technologies to store your personal
information and other data and to communicate with you and others and carry out other
necessary tasks related to the Website and Service.
You agree that, unless arising as a result of our gross negligence, and to the extent
permitted by law, we shall not be liable to you and are not responsible for any security
breaches or theft of your personal information that may occur as a result of the use of
electronic communications, cloud-based storage platforms and other technology.
Proprietary Rights Notices
Our Website and Service contain open source and public domain content, licenced content
as well as proprietary content owned by us and third parties. You are not permitted to copy
or distribute any content (including but not limited to text, images, videos and audio) on the
Website or Service without express consent of the owner.
All other contents of the Website and Service, including but not limited to the computer
code, is the property of PAYK Inc. and/or our independent providers of content ("ICPs")
with all rights reserved.
Your Content Is Your Content
We offer an online forum, chat function and the ability to contact us on the Service. We do
not review or pre-screen the contents of electronic data uploaded or posted to the Service
by you or other users (“User Content”). We claim no intellectual property ownership rights
with respect to your User Content. However, you hereby grant us a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license to use any of your User
Content that you post or upload to the Service in order to facilitate the ordinary use of the
Service. This license ends when you delete your User Content from the Service.
In addition to our Acceptable Use Policy, you agree not to use the Service in any manner
which may infringe copyright or intellectual property rights of any third party or in any
manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in
violation of the Terms of this agreement.
Property and Feedback
All rights, title and interest in and to the Website, Service and their contents or components
are and will remain the exclusive property of PAYK Inc. and our licensors, including all
Intellectual Property Rights (as defined below), even if we incorporate any of your
Feedback (as defined below) into subsequent versions.
The Website, Service and their contents are protected by copyright, trademark and other
laws of Canada, the United States and foreign countries. Except as expressly permitted in
these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell,
transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Service
or their contents. You may not copy or modify the code used on the Website or Service.
All feedback, comments, and suggestions for improvements (the "Feedback") that you
provide to us, in any form, will immediately become our sole and exclusive property. You
hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to
us all of your right, title, and interest in and to all of your Feedback, including all worldwide
patent rights (including patent applications and disclosures), copyright rights, trade secret
rights, and other intellectual property rights (collectively, the "Intellectual Property Rights")
If you believe that your copyrighted work has been copied in a way that constitutes
copyright infringement and is accessible on our Website or Service, please notify our
copyright agent at email@example.com. While we take no responsibility for any user who
breaches your copyright or other intellectual property rights, we may, in our sole discretion
and without liability, undertake to attempt to contact the infringer on your behalf and/or
cancel the infringer’s account.
Whether or not affiliated with sites that may be linked to our site, we are not responsible for
their content (the "Linked Sites"). The Linked Sites are for your convenience only and you
access them at your own risk. We and other users provide links and references to material
on other websites not owned or operated by us. Links found on our Website or Service are
not an endorsement and we do not represent or warrant the accuracy or truth of the
contents of information found on said websites. You access those links and corresponding
sites at your own risk.
ACCEPTANCE OF RISK
EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE
OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND
UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF
INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH
INTERRUPTIONS MAY CAUSE.
DISCLOSURE PURSUANT TO COURT ORDER, SUBPOENA OR OTHER LEGAL
WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION
(INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS
INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR SERVICE TO
THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA,
COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO
COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF
ANY CRIMINAL OR CIVIL MATTER.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT
OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED
TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW)
PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
LIMITATION ON LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT
WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS, AGENTS, SUPPLIERS, STORES (AS DEFINED ABOVE), DRIVERS
OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN
WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE
DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE
WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS, AGENTS, SUPPLIERS, STORES, DRIVERS OR LICENSORS, THEN
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND
USING THE WEBSITE AND SERVICE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND
PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR
OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE
THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND
ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR
WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE
THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US OVER THE PRECEEDING TWO (2)
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE,
AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE
ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT
ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE
WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
Law of the Contract
These Terms shall be governed by, construed and enforced in accordance with the laws of
the Province of Ontario, Canada, as it is applied to agreements entered into and to be
performed entirely within such province.
Any dispute, controversy or claim arising out of or relating to these Terms (or documents
referred to herein), including any question regarding their existence, interpretation, validity,
breach or termination, or the relationship created by them, shall be resolved by the
applicable court(s) in the Province of Ontario, Canada (including the Federal Courts with
jurisdiction therein). You agree to such choice of jurisdiction to resolve dispute and
expressly attorn to such jurisdiction.
If any provision of these Terms are found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these terms is found to be unlawful, void or for any reason
unenforceable, a lawful or enforceable term which best reflects the intention of the
provision, as originally drafted, shall substitute.
This is the entire agreement between the parties relating to the matters contained herein
and shall not be modified except in writing, signed by a duly authorized representative of
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the
Terms shall be construed as if drafted jointly by the parties and no presumption or burden of
proof will arise favouring or disfavouring either party by virtue of authorship of any of the
provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you agree to hereby waive your right to participate in any
class action lawsuits against us, our contractors, employees, Stores, shareholders,
successors, assigns and directors. To the extent permitted by law, you further waive any
right to a trial by jury, should such a right exist, in relation to any legal dispute connected to
or in any way arising out of these Terms.
Incorporation By Reference
All policies or terms referred to in these Terms or anywhere on our Website or Service are
Acceptable Use Policy.
Though we would much rather you stay, you can stop using our Service at any time. We
reserve the right to suspend your account or access to our Website or Service at any time,
with or without cause, and with or without notice.
Your suspension or termination of your access to our Website or Service shall not terminate
this agreement. In particular, and without limiting the generality of the foregoing, any
provision concerning the limitation of our liability, indemnification, settling disputes
(including the jurisdiction and choice of law) shall remain binding.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm, and therefore you agree that we
will be entitled to seek extraordinary relief, including but not limited to temporary restraining
orders, preliminary injunctions and permanent injunctions without the necessity of posting a
bond or other security, in addition to and without prejudice to any other rights or remedies
that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision.
In the course of using your account with us, you may be required or by your actions may be
deemed, to consent to the terms of agreements provided by certain third party service
providers, including but not limited to, payment processors, credit card companies and
banks. You agree that nothing in those agreements shall in anyway alter these Terms or
your obligations hereunder.
Any new features that augment or enhance the current Website and Service, including the
release of new versions, tools and resources, shall be subject to these Terms. Continued
use of the Website and Service after any such changes shall constitute your consent to
YOU CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL
CHANGE FROM TIME TO TIME.
personal information may be used; and (iii) when and to whom that personal information
may be disclosed.
Collection of Personal Information
To establish an account with us and to facilitate grocery deliveries, we collect your personal
information including, but not limited to, your:
• Address and delivery address;
• Social profile information (where you elect to create an account and sign-in using
LinkedIn, Facebook, Google, Twitter, Yahoo, LinkedIn and other accounts);
• Contact information, including email and phone numbers;
• IP address and location data;
• Website statistics and analytics data regarding your use of the site;
• Other types of raw data relating to how you interact with the Website and Service
including, for example, your browser information and session duration;
• Profile photos (where you elect to upload them);
• All other information you provide on our Website or Service as reasonably requested
by us; and
• We also collect credit card and payment information from you via our third party
payment provider. Their additional terms of service and privacy policies may apply to
the collection and use of your personal information. If you have questions regarding
our payment processor please contact us.
The Use of Your Personal Information
The collection of your personal information may be used to:
• To facilitate the ordinary use of the website and service, including facilitating your
orders and delivering groceries or products to your address or the address provided
for same. This may include providing your personal information to employees and/or
contract drivers/delivery personnel;
• Promote our website, offerings, products and services (including the products and
services of Stores) to you in various forms of communication, including via mail and
• Support and improve the Website and Service we offer;
• Provide customer support;
• Communicate with you about your account;
• Bill and collect money owed to us;
• Pursue available legal remedies to us and to prosecute or defend a court, arbitration
or similar proceeding;
• Send or display informational and promotional materials from us, Stores, our
partners or third parties to you;
• To meet legal requirements;
• To provide information to representatives and advisors;
• To enforce compliance with any terms & conditions and applicable law; and
• Enhance our Service offerings to you and offer you related products and services,
whether by advertisements or otherwise.
The Disclosure of Your Personal Information and Access to It
We may share your personal information with our Stores, advertisers, partners and
employees who need to use that information in connection with one or more of the
purposes for which that personal information was collected.
We also operate the Websites and Service in conjunction with our independent contractors.
Our independent contractors may have access to your personal information in providing
you with access to the Website and Service and in the course of undertaking maintenance
to the Website and Service. We may use a variety of service providers, advertisers or
employees in locations both inside and outside of Canada, which may make your personal
information the subject of foreign laws and foreign legal proceedings.
We may also access and/or disclose your personal information if required or permitted to
do so by law (for example, in order to comply with a legal requirement including but not
limited to one imposed by a warrant, subpoena, court order or like instrument served on us
or in urgent circumstances to protect the life, health or security of any person).
We may also disclose your personal information to our successors (if our company or the
Service is acquired by another legal entity), or any assignee of our assets relating to the
Website and Service.
WHILE WE TAKE MEASURES TO PROTECT YOUR PERSONAL INFORMATION, YOU
AGREE, TO THE EXTENT PERMITTED BY LAW, THAT WE, OUR SUCCESSOR,
ASSIGNS, EMPLOYEES, OFFICERS, STORES, DIRECTORS AND INDEPENDENT
CONTRACTORS SHALL NOT BE LIABLE FOR THE LOSS OR THEFT OF YOUR
PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF.
Retention of Your Personal Information
We keep your personal information only for as long as it is required in accordance with the
purpose for which it was collected. Consequently, there is no single retention period
applicable to all instances of personal information collected by us.
When any personal information is no longer required for the purposes for which it
was collected, we destroy the personal information in a manner that takes into account the
sensitivity of that information.
amendment to your personal information being held by us, please contact our Privacy
Officer by e-mail sent to firstname.lastname@example.org.
Our Website and Service may place a "cookie" in the browser files of your computer. The
cookie itself does not contain any personally identifying information. However, the cookie
may enable us to relate your use of our Website and Service to information that you have
specifically and knowingly provided. By changing the settings in your web browser you can
prevent cookies from being used, but doing so may interrupt the proper use of the Website
ACCEPTABLE USE POLICY
WE ACCEPT NO RESPONSIBILITY FOR YOUR ACTIONS OR THE ACTIONS OF
OTHER USERS OF THE WEBSITE AND SERVICE (WHETHER ONLINE OR OFFLINE).
You agree to use our Website and Service in accordance with the following acceptable use
and code of conduct guidelines. In particular, you agree that you:
1. Will not upload, copy, distribute, share, sell, create derivative works of, or
otherwise alter or use any content, in whole or in part, for any purpose
whatsoever except as expressly authorized in this acceptable use policy and the
2. Will not upload, copy, distribute, share, or otherwise use content that is unlawful,
obscene, defamatory, libelous, harmful, hateful, harassing, bullying,
pornographic, threatening, racially or ethnically offensive or abusive, that would
violate another person's rights (including their intellectual property rights),
constitute or encourage a criminal offense, give rise to civil liability, or violate any
local, state, provincial, national or international law or regulation, or that is
3. Will not exploit the images of children or disclose personally identifiable
information belonging to others;
4. Will not upload, copy, distribute, share, or otherwise use unsolicited or
unauthorized advertising, promotional materials, or any junk mail, spam, make
money fast schemes, chain letters, pyramid schemes, or any other form of
5. Will not upload, copy, distribute, share, or otherwise use content that contains or
embodies software viruses, worms, trojan horses, bugs or any other malicious
computer code that is designed to interrupt, undermine, destroy or limit the
functionality of any computer software, hardware or communications equipment,
or that is designed to perform functions on any software, hardware or equipment
without the owner's express consent.
6. Will not disclose your password or transfer your account to any third party, or
allow any third party to access your account.
7. Will not impersonate any person or entity.
8. Will not access the Website and Service by any means other than through the
interface provided by us for use in accessing the Website and Service. This
includes not using or launching any automated system including, without
limitation, any spider, robot (or "bot"), scraper, or offline reader, that accesses the
Service in a way that sends more request messages to our servers in a given
time period than a human reasonably can produce in the same time period.
9. Will not interfere with or disrupt the Website, Service or servers or networks
connected thereto, make the Service available over a network (other than our
network) where it could be used by others, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service.
10. Will not use the Website or Service to artificially generate traffic or page links to a
Website or for any other purpose not intended.
11. Will not collect, harvest or store any personally identifiable information, including
user account information, from us.
12. Will not use the Website or Service in a way that has any unlawful or fraudulent
purpose or effect;
13. Will not translate, reverse engineer, decompile, disassemble, modify or create
derivative works based on the Website or Service, in whole or in part.
14. Will not circumvent, disable, violate or otherwise interfere with any security
related feature of the Website or Service.
15. Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit for any
commercial purposes any portion of the Website or Service (including, without
limitation, your account information), use of the Service or access to the Service.
16. Will not use the Service to harass or "stalk" anyone.
17. Will not use your account for your own commercial purposes by sublicensing any
rights granted by the Terms or, in any way, sharing the benefit of your account
with others. That is, your account is non-transferrable and may only be used by
18. Will not upload content that exploits anyone in a sexual or violent manner or that
solicits personally identifiable information from anyone under the age of 18.
19. Will not use the Website or Service in any way that violates the Terms, or that
aids, encourages, or purports to authorize anyone else to violate the terms of this
20. Will not use the service in any way that intentionally or unintentionally violates
any applicable local, state, provincial, national or international law or regulation.
21. Will not employ misleading e-mail addresses or falsify information in any part of
22. Will not upload, transmit, disseminate, post, store or post links to any content
(a) prohibits from transmitting or posting by law, or by contractual or fiduciary
(b) facilitates hacking or unauthorized access or use of data, systems, servers
or networks including any attempt to probe, scan or test for vulnerabilities,
or to breach security or authentication measures;
(c) interferes with service to any user, system or network by using flooding
techniques, overloading a system or a network, staging or broadcasting an
attack, or any other means resulting in a crash of a host either deliberately
or by negligence;
(d) infringes on, or contributes to any infringement of, any intellectual property,
material protected by copyright, trade mark, patent, trade secret or
proprietary right of any party;
23. Will not use threats or implications thereof.
We reserve the right in our sole discretion to revise this policy, which shall be posted on the
Website and Service.