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- PLEASE READ CAREFULLY -
1. The E=MC² Venue.
Welcome to the E=MC² Green Community Platform (including the Green Stock Exchange (GREENSX)), operated by the E=MC²
Company and its affiliates (individually or collectively the
"Company"). We are a different kind of Company, on a
mission to create a greener lifestyle that is more earth friendly,
people friendly, and health friendly.
We intend to united
the worldwide green movement, loosely identified as LOHAS
(Lifestyles of Health and Sustainability). LOHAS members are
those people who are passionate about organic foods, the environment,
the planet, social issues, health, about human rights, relationships,
fair trade, sustainable practices, peace, spiritual and personal
development. It is a $230 billion market segment in the United
States alone and a $546 billion market worldwide. The leading
countries spearheading this green movement is Japan and Taiwan.
The E=MC² Green Community Platform includes but not limited to the following
brands, websites, products and services as described further
below. The E=MC² Green Community Platform will empower millions of members and organizations worldwide to change the world for the better. This includes the following inter-connected collaborative systems, which can be accessed by one User ID:
- green social network: the E=MC² Creative Friends Network is a green social network ("it is modeled after MYSPACE and FACEBOOK") , where people can make friends with other green revolutionaries ("includes blogs, forums, wikis, start-a-business, search engines, classified, personals, photos, jobs,art, music, movies, videos and more"); at our online social network, our goal is to help
our members reach their full potential.
The E=MC² Creative Friends Network is
a place (venue) to change the way we live and consume; this
is done by empowering health, sustainability, and social
consciousness. At our online social network, our goal is
to help our members reach their full potential through creativity
and to be more socially conscious. We act as an Internet
service provider (ISP) providing a safe, secure, and fun
environment (venue) for anyone We also help artists, talents
and creative members in our social network to build their
careers, to sell their original creations, to make friends,
and to share their creativity. Members can exchange ideas,
make friends, find dates, develop green products, start
your own business, share your creativity, exchange photos,
share recipes, view videos, write a blog, learn a new language,
find jobs, raise funds for your art & creative projects
and more, all while supporting your favorite charity.We
hope by providing this venue, it will create bridges for
better understanding between people of different cultures,
and interests. The Company is a Internet Service Provider
(ISP) that provides through its various proprietary technology,
a rich collection of resources, including, but not limited
to collaborative tools, blog search engines, instant messaging,
tools for creating secure social networks, tools for secure
communications, tools for creating private Services, domain
name registrations, keyword registrations, language tools,
blog tools, communication tools, secure email, secure chat,
secure file exchange, secure payment processing, ad syndication,
online electronic trading, co-branding programs, brand building
programs, magazines, and various other services to individuals,
and organizations;
- social stock exchange: the Green Stock Exchange is North America's first social stock exchange. The eBAY.COM AUCTION STYLED online bulletin board for trading securities empowers social businesses, which are more
earth friendly and humanity friendly. The exchange makes it easier for people to invest in green companies ("it is modeled after AIM London Stock Exchange and NASDAQ "). Since all the listed companies on the exchange are pre-screened, evaluated, and audited according to social and sustainable guidelines set by the exchange, it will make it much easier for green investors to find and support social businesses.
The GREENSX provides opportunities for small green Issuers to access public equity capital efficiently, while providing early stage investors, angel investors, and venture capitalists with greater liquidity.
The exchange fosters “creative capitalism”, by not only generating wealth, but also benefiting society; our collaborative system encourages healthier lifestyles, fair-trade, sustainability, protecting the environment, creativity, diversity, helping the poor and charity. Examples of "social entrepreneurship": are micro-credit to the poor (founded by Nobel Peace Prize wining Dr. Muhammad Yunus founder of Grameen Bank), The Body Shop (when it was first founded for more environmentally friendly cosmetics) and Plumpy’nut (a nutritious food bar created by André Briend to feed the malnourished poor). The Green Stock Exchange (GREENSX) will bring a brighter future for mankind, and for planet earth.
- green ad network: AdCharity is an ad auction and ad delivery network ("it is modeled after GOOGLE'S ADSENSE"), that allows marketers to reach people interested in green living. Products that can be advertised includes: hybrid and electric cars, organic and natural food, organic and natural personal care products, yoga, tai chi, massage centers, spas and fitness products, green and sustainable building, eco-tours, hiking and wilderness trips, energy efficient electronics/appliances, socially responsible investing, natural household products (paper goods and cleaning products), natural and preventive medicine (naturopathic, Chinese medicine, etc.), fair-trade fashion, and eco-publications. AdCharity targets LOHAS members and people generally not receptive
to advertising. Since a portion of the revenue is shared
with charity, people are more receptive to the ads.
- green magazine: LOHAS Magazine is an online open source catalogue and magazine created by blog journalists and citizen reporters, for LOHAS (Lifestyles of Health and Sustainability). Citizen journalists, movie-makers and photographers bring the stories and images.
Subject include: climate change, news, health, the environment, social issues, conservation, green products reviews, videos, global warming, cooking, gossip, advice and whatever suits your taste. It is a magazine create by the people, for the people. Members create "user generate content", and ad revenue
is shared with our citizen reporters & blog journalists.
- green charity: Green Charity is
"Charity Without Boundaries".
The Green Charity program is a non-profit social network that puts you in touch with thousands of non-profit organizations, volunteers, donors, and recipients from all over the world. It makes it easier for people to find and donate to charities, through ad sales, product sales and
donations; it is linked to the AdCharity program.
Most of our major brands, websites, products
and services can be found at: http://www.emc2.com, http://products.emc2.com and http://www.emc2.com/info/websites.php (individually or collectively "Services" or "Websites").
2. About the Venue. The E=MC² Green Community Platform as described above is just a venue offered by the Company, for members to interact, communicate, buy, sell and to exchange ideas, products and services with one another. The Company acts as an Internet Service Provider (ISP) and does not monitor or endorse members postings whatsoever on the E=MC² Green Community Platform or anywhere else for that matter.
3. Introduction. This Agreement is accepted upon
your use of the Company's Services, and is further affirmed
by you becoming a member ("Member") or opening an
account ("Account"). You agree to be bound by this
E=MC² Terms of Service Agreement (this "Agreement"), whether
or not you are a unregistered Member or you are a registered
Member. In this agreement, "you", "your"
and refer to each Member, and "we", "us"
and "our" refer to Company. This Agreement sets
out the legally binding terms of your use of the Services
and may be modified by the Company from time to time, such
modifications to be effective upon posting by the Company
on the Websites. By agreeing to the terms and conditions set
forth in this Agreement, you are also agreeing to be bound
by the rules and regulations set forth by the Company. If
you do not accept this Agreement, do not use our Services.
4. Eligibility. You must be eighteen (18) years or
over to use the Service. You certify to Company that, that
he/she is at least 18 years of age. Membership is void where
prohibited. By using the Services, you represent and warrant
that you have the right, authority, and capacity to enter
into this Agreement and to abide by all of the terms and conditions
of this Agreement. Company may elect to accept or reject your
registration application for any reason at its sole discretion.
You agree that your application for Service and the performance
of Service will occur at our offices in Montreal, Quebec,
Canada, the location of our head office or any other location
selected by the Company.
5. Term. This Agreement will remain in full force
and effect while you use the Service, whether or not you are
registered. Even after you cease to become a Member or the
membership is terminated or you discontinue using the Services,
this Agreement will remain in effect.
6. Blog Portal and
Shop Blog. Upon becoming a registered Member, you
may receive a Blog Portal or a Shop Blog, with a Domain Name
such as http://yourname.artblog.cc, http://yourname.musicblog.cc,
http://yourname.movieblog.cc, http://yourcompany.nm.gs.
The Blog Portal and the shop blog, has the following basic
features:
Blog Portal = Blog + Web Portal + Social Network
Shop Blog = Blog + Shopping Cart + Web Portal + Social Network
which you can easily customize,
into a mini-portal like YAHOO!, with a blog, custom news,
weather, image gallery, friends social network, podcasts,
personal radio station, personal television station, forum,
instant messaging, social search engine, events, calendar,
e-cards, personals, groups, file exchange, chat, and more.
7. Accounts Must Remain Active. Registrations are
usually registered on a first come, first served basis, in
which a member Account will be created with a E=MC² ID, and
a password to access the Account. For a free or trial Account,
and a general one (1) year non-transferable registration of
a domain name ("Domain Name"), it must be activated
within thirty (30) days of registration, and the registered
Member agrees to maintain a active Account by logging into
Account at least once every ninety days (90) days. Otherwise
the Account, the E=MC² ID, and Domain Name may be deactivated
or logged off for being inactive for an extended period
of time, by the Company, and/or released to the general public
for re-registration, without any liability to us or compensation
to you. The free non-transferable Domain Name registration
is for a limited time only and will only be available in limited
quantities or while supplies last. This offer may be withdrawn
at any time. (Redemption value is 0.001 cents per each free
domain registration.)
8. Temporary Storage. You are fully responsible for
creating and retaining copies of, including backups of all
files, data and other materials as may be necessary for reconstruction
of any files, information material or messages lost or ms-processed
by Company. You acknowledge that the Company may establish
general practices and limits concerning use of the Services,
including without limitation the maximum number of days that
email messages, message board postings, chat transmission
or other uploaded Content will be retained by the Services,
the maximum number of email messages that may be sent from
or received by an account on the Services, the maximum size
of any email message that may be sent from or received by
an account on the Services, the maximum disk space that will
be allotted on the Company servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the Services in a given period of time. You
agree that the Company 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 Services.
9. Modifications to Service. The Company reserves
the right at any time and from time to time to modify or discontinue
or transfer, temporarily or permanently, the Services (or
any part thereof) with or without notice. You agree that Company
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Services. You further
acknowledge that the Company reserves the right to modify
these general practices and limits from time to time
10. Type of Use by Members. You agree to use our
Services for personal non-commercial uses and only commercial
endeavors connected contractually with the Company. You agree
not to post or transmit any Content containing commercial
endeavors that does not directly pay the Company or that circumvents
the Company's payment system or competes with any of the Services
or is for the benefit of a third party or from any web page,
that does not have the E=MC² Logo at the bottom of the web
page. Furthermore, you may not use the E=MC² Logo anywhere
on or outside the Services, for any reason whatsoever. Furthermore,
you agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion
of the Services (including your E=MC² ID), use of the Services,
or access to the Services.
10. Security. The Company provide secure 128 bit SSL
encryption for communicating between Members using the Services,
and we even provide up to 128² bit encryption protection for
paid, and verified premium members. In the event if your country
does not allow such high security, you are not allowed to
use such security protection devices. When you register a
Services with the Company through our Services or affiliated
sites or associated sites, you are responsible for selecting
a security procedure to protect your Services registration
records (including your contact records and host records)
from unauthorized changes. You will be able to obtain a E=MC²
ID, and a encrypted password to manage your Services. You
are entirely, and solely responsible to protect, keep confidential,
safeguard, avoid losing, and to make your best efforts, including
but not limited to avoid improper usage or unauthorized usage
of the E=MC² ID, password, and Services. You agree to immediately
notify the Company of any unauthorized use of your E=MC² ID,
password or Services or any other breach of security. You
agree to ensure that you exit and properly log off from your
account at the end of each session.
11. Registration. All information which we may request
from you is voluntary. However, not providing this information
may prevent you using the Services. As part of the registration
process, you are required to provide certain information,
to update promptly, and ensure this information as needed
to keep it current, truthful, complete and accurate. Furthermore,
accurate, complete, truthful and up to date information is
required when we make payments and send checks to you; we
will only send checks and make payments once. If the checks
or payment is lost, you agree to be solely and completely
responsible. The information you are obligated to provide
in connection with your Services includes, but not limited
to the following: (a) your real name and postal address, a
email address (not provided by the Company), and voice telephone
number, (b) the Domain Name being registered, (c) a E=MC²
ID and password, and (d) any additional information as may
be requested or required from time to time. You acknowledge
that willfully providing inaccurate information or untruthful
information will constitute a material breach of this Agreement
and will be sufficient basis for cancellation, suspension,
termination or revocation of your registration for use of
the Services. You further agree that your failure to
respond for over thirty (30) calendar days to inquiries by
Company concerning the accuracy of contact details associated
with your registration shall constitute a material breach
of this Agreement and will be sufficient basis for cancellation
of your use of the Services. You agree that, if you are acting
as an agent for a third party, you represent that the third
party has agreed to be bound by this Agreement, and you have
the full authority to fully bind that person as a principal
to all terms and conditions provided herein. Furthermore,
you are entirely and solely responsible for any and all activities
that occur when you use the Service. You agree to notify Company
immediately of any unauthorized use of the Services or any
other breach of security.
12. Moving. In order to register or obtain or to
maintain your Services, you represent and warrant to Company
that you lawfully reside at the address provided to us in
your registration information. Additionally, you agree to
promptly notify us of the address of your new dwelling, prior
to moving.
13. Communications. You also understand and agree
that the Services may include advertisements and that these
advertisements are necessary for the Company to provide the
Services. You also understand and agree that the Services
may include certain communications from the Company, such
as service announcements, administrative messages and the
E=MC² newsletter and that these communications are considered
part of being a Member and you will not be able to opt out
of receiving them.
14. Grant of Software License. On the registration
approval date and pursuant to this Agreement, the Company
hereby grants you a single one (1) year personal, non-transferable,
revocable, Eminent Domain and non-exclusive right and license
to use the object code of the Company's software on a single
computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, 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,
or to use modified versions of the software, including (without
limitation) for the purpose of obtaining unauthorized access
to the Services. You agree not to access the Services by any
means other than through the interface that is provided by
the Company for use in accessing the Services.
15. Grant of Second Level Domain License. On the
registration approval date and pursuant to this Agreement,
the Company hereby grants to you a single one (1) year personal,
non-exclusive, revocable, non-transferable, Eminent Domain
and limited license to use the second level domain name (such
as for example .artblog.cc, movieblog.cc, bookblog.cc, musicblog.cc,
.name.gs, .nm.gs) to co-brand your third level Domain Name
(such as somename.artblog.cc). The use of the second level
domain name to co-brand your third level Domain Name is a
privilege, and not a right. You agree not to seek any rights,
including but limited to register any intellectual property
rights for any of the second level domain name, as part of
your third level Domain Name.
16. Grant of Third Level Domain Name License. On the registration
approval date and pursuant to this Agreement, the Company
hereby grants to you a single one (1) year personal, non-exclusive,
revocable, non-transferable, Eminent Domain and limited license
to use the Domain Name registration (such as for example somename.artblog.cc),
in accordance with this Agreement.
17. Grant of Promotion License. On the registration
approval date and pursuant to this Agreement, the Company
hereby grants to you a single one (1) year personal, non-exclusive,
revocable, non-transferable, Eminent Domain and limited license
to use the Services for personal non-commercial use to promote,
advertise, and display personal Content on the Services. If
you intend to pursue commercial endeavors, the Company's commercial
Services is the only place where you can advertise your products
or services. You may not engage in advertising or solicitation
of, other Members to buy or sell any products or services
through the Services, except by displaying the products or
services through the Company's Commercial Services. Commercial
services shall be deemed services that use the E=MC²
Network's payment interface and payment system ("Commercial
Services").
18. Grant of License to Company. The Company does
not claim ownership of content you submit or make available
for inclusion on the Services. After posting or submitting
your content to the Services, you continue to retain all ownership
rights in such content, and you continue to have the right
to use your content in any way you choose. However, with respect
to registering, using, submitting, posting, uploading, transmitting
or otherwise making available any content, including but not
limited text, images, profiles, music, video, data, software,
sound, photographs, graphics, messages, other materials, and
media in any format, whether publicly posted or privately
transmitted (collective referred to as "Content") to or from
the Services, you automatically grant, and you represent and
warrant that you have the right to grant to the Company a
worldwide, royalty-free, non-exclusive (including any moral
rights), irrevocable, perpetual, sublicenseable (through multiple
tiers), fully paid license to use, copy, perform, display,
reproduce, modify, adapt, publish, perform, distribute, and
otherwise exploit the Content (in whole or in part), and to
prepare derivative works of, or incorporate into other works,
in all current and future media for the purpose of displaying,
advertising, marketing, distributing, exploiting, and promoting
the Services and the Company. Company has the right to refuse
or remove any Content that violates this Agreement or that
is, in Company's sole discretion, objectionable.
Without this license, would be unable to provide the services.
For example, without the right to modify your Content, the
Company would not be able to digitally compress video files
that Members submit or other Content formats to satisfy technical
requirements, and without the right to perform your Content,
the Company could not allow other Members to see to videos
posted by Members. The license you grant to the Company is
non-exclusive (meaning you are free to license your Content
to anyone else in addition to the Company), fully-paid and
royalty-free (meaning that the Company is not required to
pay you for the use on the Services of the Content that you
post), sublicensable (so that the Company is able to use its
affiliates and subcontractors such as Internet content delivery
networks to provide the Company services), and worldwide (because
the Internet and the Company Services are global in reach).
19. Content Syndication. The Company offers the E=MC²
Social Search engine ("Engine"), which allows people to search
for content on listed blogs and social networks worldwide.
If you intend to place the Engine on your site or blog, please
placed the powered by E=MC² logo next to the Engine. The Company
also offers RSS feeds, JavaScript feeds, and widget feeds for
syndication free of charge to individuals and non-profit organizations
for personal, and non-commercial uses. If you distribute the
Company's content via an RSS feed, we ask that you attribute
it to E=MC². If you provide this attribution with an image,
please use the E=MC² logo that appears in the upper left corner
of this page.
20. Solicitation Prohibited. Company shall immediately
terminate any registration, Services, license, and data which
it believes, in its sole discretion:
(a) is transmitting,
posting, publishing or is otherwise connected with any "spam"
or "junk mail", "chain letters" or other unsolicited bulk
E-mail; you further agree that the Company shall be the
sole judge of what it considers "spam" or "junk mail", "chain
letters";
(b) the Company finds in its sole judgment any Content
on your Account or links from your Account, to be offensive,
illegal, or that might violate the rights, harm, violate
this Agreement, or threaten the safety of Members. You are
solely responsible for the Content that you publish, display
or transmit from or to the Services, or to other people
or to other entities;
(c) in addition, because damages are often difficult
to calculate, you agree to immediately pay Company liquidated
damages of $20 for each piece of: (a) spam and/or (b) posting
and/or (c) unsolicited commercial E-mail transmitted to
each third party from or otherwise connected with your Domain
Name or E-mail or your Account, otherwise you agree to immediately
pay Company actual damages, to the extent such actual damages
can be calculated solely by Company;
(d) advertising or placing commercial material on
the Services is illegal, except as provide for in the Commercial
Services section and only in accordance with the terms of
this Agreement. However, in the event if advertising is
placed on the Services or any of the other Members' Account
by you, except as provide for in the Commercial Services
section and only in accordance with the terms of this Agreement,
you agree to pay to the Company $ 20 per page view per Member,
commencing from the day of your use of the Services to the
end of the time we receive your payment.
(e) commercial entities
using directly or indirectly or through a agent the Account
or Services for personal use or masquerading as personal
use Members for any reason whatsoever is prohibited and
damages caused by such actions are irreparable; the Member
and the commercial entity in violation of this paragraph
jointly and severely agree to immediately pay Company actual
damages, to the extent such actual damages can be calculated
solely by Company;
21. Acceptable Use.
Violations by your use of the Services or violation of network
security may result in civil or criminal liability. You acknowledge
and warrant to the Company that you will not utilize the Services
for illegitimate purposes, which is prohibited by or would
violate any applicable local, state, national, international
laws, regulations, legal obligation, terms and conditions
of this Agreement, policies of the Company, notices of Company,
or for purposes that may create civil or criminal liability.
You agree that you are solely responsible for all acts or
omissions that occur under your Account, and use of the Services,
including any and all Content which originates directly or
indirectly, uploaded, posted, make available or transmit through
and from the Services. The following is not acceptable and
prohibited by the Company:
(a) provide to
a third party any personal telephone numbers, street addresses,
last names, URLs or email addresses, except in the Commercial
Endeavors approved by the Company;
(b) uses which
are offensive, defamatory, deceptive, abusive, threatening,
harmful, defamatory, libelous, vulgar, obscene, hateful,
pornographic, racially or ethically objectionable, profane,
infringing, indecent, physically harmful, mentally harmful,
emotionally harmful or unlawful material;
(b) uses that promotes or violate or infringe upon
the rights of any other person, such as unauthorized distribution
of material protected by intellectual property laws, rights
of privacy or publicity or any other applicable law unless
you own or control the rights thereto or have received all
necessary written consents. This includes, but not limited
to illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links
to pirated music files; you agree to pay for all royalties,
fees, and any other monies owing any person by reason of
any Content posted by you to or through the Services.
(c) uses, promotes or displays pornographic or sexually
explicit material of any kind or provides material that
exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under
18 or post mature Content in sections of the Services not
categorized for mature Content. Mature content must be posted
in Services officially classified as mature;
(d) "spamming," sending or posting or transmitting
or engaging or participating in unsolicited bulk E-mail
messages, any duplicative or unsolicited transmissions,
sending unsolicited advertising, surveys, contests, lottery,
barter, advertising, sweepstakes, chain letters, junk email,
or similar conduct;
(e) disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users of the Services
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
(f) create a false
identity or false profile or impersonate or misrepresent
any person or entity or is false or is misleading or uses
misleading email addresses or other manipulated identifiers
or forge headers to disguise its origin or promotes illegal
activities, including but not limited to: for the purpose
of misleading others as to the identity of the sender or
the origin of a transmission or for whatsoever purpose.
Your profile must describe you, as a real individual person.
Examples of inappropriate profiles include, but are not
limited to, profiles that purport to represent an animal,
place, inanimate object, fictional character, or real individual
who is not you;
(g) creating a false identity or false profile
or impersonation or misrepresentation shall also mean commercial
entities using directly or indirectly or through a agent
the Account or Services for personal use or masquerading
as personal use Members for any reason whatsoever;
(h) harvest or solicits passwords or otherwise
collect information about others, including email addresses,
screen names, Domain Names, collect or store personal data
about other users or solicit or attempt to discover a user's
password, screen name, or other registration Information,
with or without their consent or attempt to gain unauthorized
access to other Members' Accounts and Domain Names, other
accounts, other user's computers, computer systems or networks
connected to the Services, through password mining or any
other means or personal identifying information for commercial
or unlawful purposes from other users or accessing data
not intended for such user or logging into a server or account
which you are not authorized to access or attempting to
probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without
proper authorization;
(i) provide links to sites, networks, content, framing
or resources that are themselves in violation of the letter
or spirit of this Agreement, or promote the violation of
this Agreement or make available tools or information whose
primary use constitutes a violation of the letter or spirit
of this Agreement;
(j) use your web pages or directory as storage for
illegal remote loading or as a door or signpost to another
web page, whether inside or outside Company or your website
or Services;
(k) develop illegal hidden pages or images (those
not linked to from another accessible page), or restrict
access to any pages other than through password protection
mechanisms provided or approved by Company;
(l) intentionally or unintentionally violate any
law or regulations promulgated by any stock market, including
the U.S. Securities and Green Stock Exchange (GREENSX) Commission, any rules of
any international, national or other securities exchange,
including, without limitation, the Green Stock Exchange (GREENSX),
New York Stock Green Stock Exchange (GREENSX), the American Stock Green Stock Exchange (GREENSX), the
London Green Stock Exchange (GREENSX), the Tokyo Stock Green Stock Exchange (GREENSX), the Frankfurt
Stock Green Stock Exchange (GREENSX), the NASDAQ, the Creative Stock Green Stock Exchange (GREENSX),
and any other stock exchanges or any regulations having
the force of law;
(m) threats to or harassment, advocates harassment,
abuse, stalk, or otherwise violate the legal rights (such
as rights of privacy and publicity) of others or harm minors
in any way or promote or provide instructions or information
about how to engage in illegal conduct or commit illegal
activities, promote physical harm or injury, or promote
any illegal act of cruelty to animals. This includes, but
is not limited to, providing instructions on how to assemble
bombs and any other weapons or drugs, and creating Crush
sites;
(n) promoting or transmitting or sending or uploading
or posting or receiving any material that contains any virus,
worm, cancelbot, trojan horse, time bomb or other harmful
component or deleterious programs; Company reserves the
right to terminate or suspend your Account if it is the
unwitting recipient of any of the above or other harmful
devices that could cause problems for the entire Company
system;
(o) violating U.S. export regulations by mailing
abroad restricted data or software. If you violate these
rules or Company learns of other unlawful or harmful use
of the Services by you, Company may terminate Member's Services
and take other action it deems appropriate, including notifying
the authorities and suing for damages. You agree to comply
with all U.S. export control laws and their implementing
regulations;
(p) uses that in a manner which significantly
and adversely affects the performance or availability to
others of the Services, or in a manner that interferes in
any way with Company' computers or network security or another
Member or Member's use and enjoyment of the Services or
another individual's or entity's use and enjoyment of similar
Services, including, but limited to overloading, "flooding",
"spamming", "mailbombing" or "crashing" the Services;
(q) posting or transmitting any franchise, pyramid
scheme, "club membership", distributorship or sales representative
agency arrangement or other business opportunity which requires
an up front or periodic payment, pays commissions only (no
significant salary), requires recruitment of other members,
sub-distributors or sub-agents;
(r) deleting, revising or reposting any Content
posted by any other Members or entity, without written permission
or attribution;
(s) disclosing to or sharing your password with
any third parties or using your password for any unauthorized
purpose;
(t) using or attempting to use any engine, software,
tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the Services other than the
search engine and search agents available from the Company,
and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer, Opera, AOL,
Firefox).
(u) using any automated
system or automated use of the system, such as using scripts
to add friends, do registrations, post Content or send comments
or messages;
The Company does not represent
or guarantee the truthfulness, accuracy, or reliability of
communications posted by Members or endorse any opinions expressed
by Members. You acknowledge that any reliance on material
posted by other Members or entities will be at your own risk.
Even though all of the abovesaid is strictly prohibited, there
is a small chance that you might become exposed to such abovesaid
items and you further waive your right to any damages (from
any party) related to such exposure. You shall immediately
notify Company of any security breach in, or unauthorized
use of, your Account. Company has no obligation to monitor
the your Account or Domain Names and how it is being used
or any user's use thereof or retain the Content of any user
session. However, Company reserves the right at all times
to monitor, review, retain and/or disclose any information
as necessary to satisfy any applicable law, regulation, legal
process or governmental request.
22. Intellectual Property.
The compilation (meaning the collection, arrangement
and assembly) of all content, services, products, brands,
technology, data, know-how, software and Services provided
by Company is the proprietary technology and intellectual
property of the Company, and its licensors. You acknowledge
that the Company, and its licensors are the worldwide owner
of all the title, right, goodwill, control and interest in
and to the content, such as data, text, software, images,
graphics, logos, button icons, software, music, sound, photographs,
graphics, video, messages, know-how, and other material of
the Company or its licensors for the Services, patent, trade-mark,
copyright, goodwill, and all other types of intellectual property
(whether past, present, and future, individually or collectively
referred to as "Intellectual Property"). You must retain all
copyright, trademark, service-mark and other proprietary notices
contained in the original material on any copy you make of
the Intellectual Property. You shall not copy or adapt the
HTML code or any other code that the Company creates to generate
its pages or attempt to decipher, decompile, disassemble or
reverse engineer any of the software comprising or in any
way making up a part of the Services. You shall not have any
interest in the Intellectual Property, other than the right
to use the Intellectual Property in accordance with this Agreement.
You agree not to challenge the validity of the title of the
Company, its affiliates or its licensors to the aforesaid
Intellectual Property, and you shall not do any act that may
prejudice the validity of any of them. All rights reserved.
The services and products provided to you by the Company,
are provided to you is a privilege, and is not a right. You
acknowledge the Company, and its licensors are the intellectual
property, trade-mark, copyright, patent, domains, sub-domains,
and any other indicia owner for the following, including,
but not limited to: E=MC², Mind Over Matter, E=MC², Creative
Friends Network, Green Stock Exchange (GREENSX), Save Our Planet, Green
Charity, AdCharity, HerboTea, Energyade, Revolution Cola,
Smart Drinks, artblog.cc, movieblog.cc, musicblog.cc, bookblog.cc,
name.gs, nm.gs, emc2.com, happyplanets.com, .name, .nm, .inc,
.info, .movie, .music, .news, .shop, .brand, .rtm, .chat,
.mp3, .tel, .mail, .fax, .pc, .play, .data, .gnu, raveparty.com,
and .pager. You agree and acknowledge that the Company and
its licensors owns all database, compilation, collective and
similar rights, title and interests worldwide in our database,
and all information and derivative works generated from the
database, as well as all data collected, obtained, given,
gathered, transmitted, registered, submitted, received by
you or by us. Except for that information which is in the
public domain or for which you have been given written permission,
you may not copy, modify, publish, transmit, distribute, perform,
display, rent, lease, loan, lien, distribute or sell any such
proprietary information of the Company or of other Members.
The E=MC² ID, passwords, member profiles, compiled names,
photos, links, and Services content are not to be transferred
or copied from the Services for use with any other product
or service. Illegal and/or unauthorized uses of the Services,
including collecting E=MC² IDs, passwords, and email addresses
of members by electronic or other means for the purpose for
any purpose whatsoever is prohibited, including, but not limited
to sending unsolicited email, unauthorized framing of or linking
to websites will be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal,
and injunctive redress.
23. Privacy.
Use of the Services is also governed by our
Privacy Policy, which is an integral part of this Agreement.
24. Commercial Transactions. Commercial Transactions
on the Services are governed by our
Commercial Transaction Policy, which is an integral part
of this Agreement.
25. Green Stock Exchange (GREENSX). Members can buy and
sell securities from the Green
Stock Green Stock Exchange (GREENSX) via their Account, including shares from
the E=M² Company, under the stock symbol EMC2.
Your participation in Commercial Transactions on the Green
Stock Green Stock Exchange (GREENSX) is governed by the Commercial Transaction Policy, which is an integral part
of this Agreement. Purchasing and selling securities may require
your acceptance of certain agreements by the issuing company,
such as subscription agreements, shareholder agreements and
its policies.
26. AdCharity (Advertising Program). Advertisements
for the Services are provided by Ad Charity (AdCharity.org),
a charitable advertising program operated in collaboration
with the E=MC² Foundation, a non-profit organization
founded by the Company, to raise money for charities that
benefit society. All ads provided by the Company on the Services
supports charity. Ads may also be provided by other third
parties.Your participation in the Ad Charity program is governed
by the Ad
Charity Policy, which is an integral part of this Agreement.
27. Save Our Planet Project. Members can submit
designs for shopping bags, t-shirts and other merchandise
for commercialization and sale to retailers worldwide in order
to reduce plastic bag and paper bag use, to reduce climate
change, to protect the environment and to save trees and to
create fair-trade jobs for the poor. Members can submit designs
by accessing the Save
Our Planet Project Account using their E=MC² ID. Designs
will be voted upon by other Members and by the Company; winning
designs will receive a share of the revenue for sales of their
designs, which will be solely determined by the company, which
can be anywhere from US $500 to US $100,000 depending on popularity
of the designs. Also, a portion of the sales will be donated
to charity programs such as: Make
Hunger History and other environmental charities such
as the World Wildlife Fund.
Your participation in the Save
Our Planet Project is governed by the
Save Our Planet Project Policy, which is an integral part
of this Agreement.
28. Talent Search (2008) and the E=MC² Awards. Members
can participate in Talent
Search 2008 contest and the E=MC²
Awards using their E=MC² ID. Talent Search 2008 is a contest
to find new talents in the field music, visual arts, dance,
fashion, film, theater, and design, while the E=MC² Awards
is to awarded to independent artists in the field of music,
visual arts, dance, fashion, film, theater, and design. Your
participation in Talent
Search 2008 is governed by the
Talent Search 2008 Policy, which your participation in
the E=MC² Awards is governed
by the
E=MC² Awards Policy; both policies are an integral
part of this Agreement.
29. LOHAS Magazine. Members can become citizen reporters
& blog journalists, by contributing stories, photos, articles,
poetry and videos to our online open source magazine for LOHAS
(Lifestyles of Health and Sustainability), which includes
sections on health, organic and natural foods, sustainability,
the environment, films, art, music, celebrity gossip and more.
Members create "user generate content"; ad revenue
is shared with our citizen reporters & blog journalists. Your
participation in the LOHAS Magazine
is governed by the
LOHAS Magazine Policy, which is an integral part of this
Agreement.
30. All the Latest Terms of Service, Policies and Rules.
A summary of all the latest terms of service, policies and
rules can be found at: http://www.emc2.com/info/policy.php,
which is an integral part of this Agreement.
31. Pricing. When
the basic Services is provided for FREE, it shall be for a
limited time free trial period offer, and may be withdrawn
at anytime by the Company, for any reason whatsoever. After
the free trial period, the Services may require subscription
fees.
(a) The FREE basic
service is supported by ads. For the premium verified silver,
gold and diamond Members' Services, and after the free trial
period for the basic Services, as a consideration for the
Services, provided by Company, you agree to pay the Company,
prior to the effectiveness of the Services, the then-current
amounts set forth in the Company price schedule, including,
but not limited to the initial registration for the Service,
and should you choose to renew the registration for the
Service, the then-current amounts set forth in the Company
price schedule for any subsequent renewals of the registration
for the Service or any other other products or services
of the Company;
(b) to view the current rates for using the Services,
please see the pricing.
All fees are immediate, and nonrefundable, in whole or in
part, even if your Services is suspended, canceled or transferred
prior to the end of your then current registration term.
Company reserves the right to change fees, surcharges, renewal
fees or to institute new or additional fees at any time,
for any reason, at its sole discretion. Company may take
all remedies available to collect fees owed;
(c) in the event of a charge back by a credit card
company (or similar action by another payment provider)
in connection with the payments of the Services, you agree
and acknowledge that the registration for the Services shall
be transferred back to Company and we reserve all rights
regarding such Services including, without limitation, the
right to make the Services available to other parties for
purchase. We will reinstate your Services solely at our
discretion, and subject to the receipt of the fees owing,
plus the then-current reinstatement fee, currently set at
US $50.00;
(d) you will be notified thirty (30) days prior to
when a renewal fee for the Service is due. Should a renewal
fee for the Service go unpaid thirty (30) days after the
renewal notice, your registration for the Service will be
canceled. Payment must be made by credit card or such other
method as we may indicate in the registration application
or renewal form. You agree that you will not transfer your
Services to another third party.
32. Right of Refusal.
Your registration or use or nonuse of the Account or
Service(s) or Domain Name is a privilege and not a right;
nothing in this Agreement says it is a right and if any part
of this Agreement or our policies or our rules indicate otherwise,
than this paragraph shall supersede the contradictory part
of this Agreement or our policies or our rules. Company in
its sole discretion, reserves the right to refuse to register
or modify your Account, Service or Domain Name or use of the
Services or register you for any of the Company's Service, and
has the right to delete your Account, Service or Domain Name
from the registration for such services. Furthermore, in the
event a prohibited Domain Name or Content containing control
characters and/or prohibited characters and/or irresolvable
characters or scripts and/or prohibited Domain Names are being
registered or have been registered or submitted or uploaded,
Company in our sole discretion, reserves the right to refuse
to register or modify your chosen Domain Name or register
you for other Company's Service, and has the right to delete
or to cancel or to suspend your Account, Service or Domain
Name at anytime. For any paid Account, in the event we do
not register your Account, Service or Domain Name, or we delete
your Account, Service or Domain Name, we agree to refund any
applicable fees you have paid, provided you acted in good
faith. You agree that we shall not be liable to you for loss
or damages that may result from our refusal to register to
use the Services or refusal to register you for other Company's
services, for any reason whatsoever.
33. Third Party Usage and Data. You cannot permit someone
else to use your Account or Services to purchase or otherwise
acquire access to the Services or to modify or cancel your
Services, without the Company's prior written consent. You
agree to be responsible for the protection, confidentiality
or usage of your E=MC² ID, password, Service, and Account.
34. Dispute Policy. As a ISP, we provide a venue for
Members to communicate with one another, consequently you
agree to be solely responsible for your interactions with
other Members. The Company reserves the right, but has no
obligation, to monitor disputes between you and other Members.
Disputes for use of the Services or between Members or between
you and the Company are governed by our Dispute
Policy. Any dispute between the Company and you about
or involving the Company Services must be settled by arbitration
utilizing the dispute resolution procedures of a Canadian
arbitration organization chosen by the Company, in Montreal,
Canada, provided that the foregoing shall not prevent the
Company from seeking injunctive relief in a court of competent
jurisdiction.
You agree that, if your use of the Services is challenged
by a third party, you will be subject to the provisions specified
in our Dispute
Policy in effect at the time of the dispute. You agree
that in the event a dispute arises with any third party, you
will indemnify at your own expense (including, but not limited
to attorney fees and legal cost) and hold Company, and its
licensors harmless pursuant to the terms and conditions set
forth in this Agreement. If we are notified that a complaint
has been filed with a judicial or administrative body regarding
your use of our Services, you agree not to make any changes
to your Services without any prior written approval from the
Company. We may not allow you to make changes to such Services
record until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use
of our Services that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation regarding
your use of our Services, Company may deposit control of your
Services into the judicial body, by supplying a party with
a Company certificate from Company.
35. Changes. You acknowledge that the Company's business
system and the practice of registering and administering the
Services is in the "BETA" stage and is evolving,
and therefore you agree that Company may modify: (1) this
Agreement, the Dispute Policy, the Commercial Transaction
Policy, the Dispute Policy, the Rules of Procedure and Privacy
Policy, and any of the company's current and future policies
or procedures; (2) part or all of the Service; (3) any fees
or prices, provided under this Agreement at any time, at its
sole discretion, including but not limited to and any other
agreements that Company is currently bound by or will be bound
by in the future, as well as to adjust to changing business
circumstances. Any such revision or change will be binding
and effective immediately upon posting of the revised Agreement
or change to the Service on Company Websites. You agree to
be responsible for periodically reviewing our Websites, including
the current version of this Agreement available on our Websites,
to be aware of any such revisions. Your continued use of Services
shall constitute your acceptance of this Agreement, policies
and notices, including any new modifications. You agree that
such cancellation will be your exclusive remedy if you do
not wish to abide by any changes to this Agreement or any
of our policies or notices. If you do not agree to any such
changes, you may request that your Services be terminated,
and canceled, under the terms and conditions of this Agreement.
You agree to indemnify and hold harmless the Company, its
affiliates, its licensors, the Company's employees and officers
at your own expense (including, but not limited to attorney
fees and legal cost) arising from your disagreement with the
changes to this Agreement or any of our policies or notices.
Notice of your termination will be effective on receipt and
processing by Company. Any fees paid by you if you terminate
your Agreement with us are nonrefundable, but you will not
incur any additional fees. You may terminate this Agreement
at any time by providing Company as follows:
step 1: log into
your account and send a notice by email to
.
step 2: print out your profile, and send by registered
mail, your profile along with the above original email duly
signed by you to surrender the Services account to the following
address:
E=MC² Inc.
2970 Thomas Valin
Montreal, Quebec
Canada
H2K 4R7
Attention: Company Business Affairs - Termination
36. Disclosure.
You may access your registration information in Company's
possession to review, modify or update such information, by
accessing "My Account", or similar service, made available
at our Services. Company will take reasonable precautions
to protect the information it obtains from you from our loss,
misuse, unauthorized access or disclosure, alteration or destruction
of that information. You hereby consent to any and all such
disclosures and use of, and guidelines, limits and restrictions
on disclosure or use of, information provided by you in connection
with the registration of a Services (including any updates
to such information), whether during or after the term of
your registration of the Services. You hereby irrevocably
waive any and all claims and causes of action you may have
arising from such disclosure or use of your registration information
by Company.
37. No re-licensing. The Services cannot be re-licensed
in part or in whole, in any manner whatsoever. In the event
this clause is violated, and you re-license the use of the
Services registered to you to a third party, you nonetheless
remain the Account, Service and Domain Name holder of record,
and remain responsible for all obligations under this Agreement,
including but not limited to payment obligations, and providing
(and updating, as necessary) your own full contact information,
adequate to facilitate timely resolution of any problems that
arise in connection with the Services or Account.
38. Limitation of Liability. YOU
AGREE THAT COMPANY, LICENSORS AND ITS CONTRACTORS OR ASSOCIATES
OR AFFILIATES OR COMPANY'S OFFICERS, COMPANY'S EMPLOYEES OR
COMPANY'S DIRECTORS UNDER NO CIRCUMSTANCES WILL NOT BE LIABLE
FOR ANY AND ALL: (A) SUSPENSION OR LOSS OF YOUR SERVICES,
(B) USE OF YOUR "SERVICES", (C) INTERRUPTION OF BUSINESS,
(D) ACCESS DELAYS OR DELAYS OR ACCESS INTERRUPTIONS TO THIS
SITE OR SERVICES OR THE WEBSITES YOU ACCESS BY THE "SERVICES";
(E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DELETION,
DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND COMPANY'S
CONTROL; (G) THE PROCESSING OF THIS APPLICATION; (H) DAMAGES
RESULTING FROM ACTS OF GOD; (I) UNAUTHORIZED USE OR MISUSE
OF YOUR USER SERVICES, PASSWORD OR ACCOUNT; (J) ERRORS, OMISSIONS,
OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICE (S)
PROVIDED UNDER THIS AGREEMENT AND FOR ANY ERRORS OR OMISSIONS
IN ANY CONTENT, OR FOR 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 THE SERVICE; (K) ACTIONS OF
YOUR AGENT OR FAILURE TO PAY; OR (L) OVERLAPPING OR DUPLICATE
"SERVICES"; OR (M) "SERVICES" NOT BEING REGISTERED ON TIME
OR AT ANY OTHER TIME OR REGISTERED BY ANY OTHER PARTY OTHER
THAN YOU OR REGISTERED PRIOR TO YOU; (N) APPLICATION OF THE
DISPUTE POLICY. COMPANY ALSO WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL COMPANY'S MAXIMUM AGGREGATE LIABILITY
BE THE LESSER OF EITHER: (I) ONE DOLLAR (US$1.00) OR (II)
THE REGISTRATION FEE PAID BY MEMBER. BECAUSE SOME STATES,
PROVINCE OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
PLACES, ARE NOT PERMITTED TO USE OUR SERVICE. IF IN THE EVENT,
YOU USE OR CONTINUE TO USE OUR SERVICE CONSTITUTES YOUR ACCEPTANCE
OF THIS AGREEMENT, INCLUDING THIS CLAUSE.
39. Indemnification of Company. The Services is only
a venue, and the Company is only an Internet service provider
(ISP). The Services acts as a venue for Members and entities
to communicate with one another, post Content, and buy/sell
products. The Company does not screen or censor Members.
Furthermore, the Company is not involved in the actual transaction
between Members. As a result, the Company has no control over
the quality, safety or legality of the Content on the Services
or the truth or accuracy of the Content. In addition, note
that there are risks, including but not limited to the risk
of physical harm, of dealing with strangers, foreign nationals,
underage persons or people acting under false pretenses. Since
Member identity verification on the Internet is difficult,
the Company cannot and does not confirm each Member's purported
identity. The Company has a verification system to verify
the identity of Members for paid silver, gold and diamond
members via credit card information, but it is not one hundred
percent (100%) accurate; for basic free members, their identities
are very difficult to verify. Thus, the Company have established
a Member initiated feedback system to help you evaluate with
whom you are dealing. The Company also encourage you to communicate
directly with other Members through the tools available on
the Services. Member assume all risks associated with dealing
with other Members with whom you come in contact through the
Services. You agree, acknowledge and indemnify the Company,
our associates or others, our affiliates, and our directors,
officers, employees, shareholders, and our agents from and
against all liabilities or responsibilities of every kind
and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, from any and all errors, omissions
or any other actions, including but not limited to problems
arising out of or related to: your registration application
or receipt of or failure to receive a registration or use
of any of the Services or use of the Account or from your
interactions with other Members. You further agree to indemnify,
defend and hold harmless Company, our associates or others,
our affiliates, and our directors, officers, employees, and
our agents from and against any and all claims of any nature
whatsoever (including, but not limited to contractual and
extra-contractual, actual and consequential, direct and indirect,
punitive), damages, liabilities, costs, and expenses (including
legal fees and expenses) arising out of, or related to, your
registration or use of any of the Services or from your interactions
with other Members. You agree to defend, indemnify and hold
harmless Company, our contractors, agents, employees, officers,
directors, shareholders, affiliates, and assigns for any,
and all loss, liabilities, claims, expenses, damages or costs,
including attorneys' fees, resulting from any third party
claim, action, or demand related to the registration or arising
from this Agreement or use of the Services registered by you
or information posted on Services or from your interactions
with other Members. If you are a California resident, you
waive California Civil Code §1542, which says: "A general
release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected
his settlement with the debtor."
40. Representations and Warranties. You represent
that, to the best of your knowledge, belief, and after your
due diligence research, neither the use of the Services nor
the manner in which it is directly or indirectly used infringes
the legal rights of you or any other third party. You further
represent and warrant that all information provided by you
or your agent in connection with your Services or registration
for use of our Service or Account is accurate, up to date,
and correct. You or your agent, further represent that you
will immediately modify, and keep the information provided
to us, current, accurate, up to date, and correct, immediately
as changes to the information become necessary to comply with
this Agreement. You also represent you have all the necessary
power and authority to execute this Agreement, to perform
your obligations, and you are of legal age to enter into this
Agreement. YOU AGREE ALL "SERVICES" AND ASSOCIATED SERVICES
ARE PROVIDED TO YOU "AS IS." WE EXPRESSLY DISCLAIM, AND MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR OUR "SERVICES",
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, COMPANY
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
THAT REGISTRATION OR USE OF A "SERVICES" OR USE OF THE "ACCOUNT"
UNDER THIS AGREEMENT WILL PROTECT YOU EITHER FROM CHALLENGES
TO YOUR "SERVICES", OR FROM SUSPENSION, REVOCATION, DELETION,
REMOVAL, CANCELLATION OR TRANSFER OF THE "SERVICES" REGISTERED
TO YOU. WE MAKE NO WARRANTY THAT OUR SERVICE, WITHOUT LIMITATIONS,
INCLUDING WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF
OUR SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR OUR SERVICE OR ASSOCIATED COMPANIES,
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE
EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
41. Eminent Domain. Company reserves the right to
revoke, cancel, terminate, transfer or keep, any and all Services
or Account, licenses and data of the Member, registered with
the Company. The use of said Services or Account, licenses
and data by the Member is a privilege, and not a right; Company,
in its sole discretion and without notice, may exercise such
"Eminent Domain" powers over any or all Services or Account,
licenses and data of the Member, whether or not the Member
is registered with the Company, and thereby cause you to immediately
surrender your Services and/or Account, licenses and data
of your membership or Account, to the Company without any
compensation to you or liability to us.
42. Breach and Revocation. You agree Company has the
right, and may suspend, cancel, transfer, revoke, delete,
terminate or modify your contractual right to use the Service
or Account or registration in the event (a) you materially
breach this Agreement, policies or rules and do not cure such
breach within fifteen (15) days of notice by Company, (b)
you use the Service or Account to send unsolicited commercial
advertisements in contradiction to either applicable laws
or customary acceptable usage policies of the Internet or
any other improper use, as determined in our sole discretion,
(c) your use of the Services or Account in connection with
unlawful activity, (d) grounds arise for such suspension,
cancellation, transfer or other modification as provided for
in this Agreement you infringe on the rights of a third party,
(e) you provide inaccurate or unreliable or false or misleading
or misrepresentation or conceal or omit any information or
failure to update your information to keep it current, complete
or accurate, (f) you create a false identity or false profile
or impersonation or misrepresentation, as defined in this
Agreement, (g) you fail to respond for over fifteen (15) calendar
days to inquiries from us concerning the accuracy of the contact
details associated with your Services registration. Furthermore,
you agree that we may suspend, cancel or transfer your Services
or Account registration services in order to: (i) correct
mistakes made by us for the Services or Account, or (ii) to
resolve a dispute under our dispute policy. You agree, as
described above, we may delete the registration or reservation
of your Services and/or terminate the Service and/or terminate
Account you are using or take other necessary actions without
further notice. We may not refund any fees paid by you if
we terminate your Services or Account. Any such breach by
you shall not be deemed to be excused simply because we did
not act earlier in response to that, or any other breach,
by you. You also agree that Company shall have the right in
its sole discretion to suspend, cancel, revoke, delete, transfer
or otherwise modify a Services or Account anytime or at such
time as Company receives an order from its licensors or a
properly authenticated order from a court of competent jurisdiction,
or arbitration award or a order from any reasonable third
party, requiring the suspension, cancellation, revocation,
deletion, transfer or modification of the Services or Account
registration.
43. No Guaranty. You agree that the registration,
renewal, maintenance or past use of the Services or Account,
does not confer immunity from objection to either the registration,
renewal, maintenance or future use of the Services or Account.
44. Governing Law. Except if otherwise set forth in
the Dispute Policy with respect to disputes or this Agreement,
your rights and obligations and all actions contemplated by
this Agreement shall be governed by, and both parties irrevocably
attorn to, and under the exclusive laws of Quebec, Canada,
in the city and courts of Montreal, as if the Agreement was
a contract wholly entered into and wholly performed within
Montreal. Except if otherwise set forth in the Dispute Policy
with respect to disputes, any action to enforce this Agreement
or any matter relating to your use of the Company site shall
be brought exclusively in Montreal District Court for the
District of Montreal. Any cause of action by you must be commenced
within one (1) year after the claim or cause of action arose
or be barred.
45. Notices. You agree that any notices required
to be given under this Agreement by Company to you will be
deemed to have been given if delivered in accordance with
the contact information you have provided. You authorize Company
to notify you of information that we deem is of potential
interest to you. Notices and announcements may include commercial
emails, web postings, postal mails, facsimiles and other notices
by any communication means, describing changes, upgrades,
new products and services, commercial information, Content
of interest to you as determined solely by the Company or
other information pertaining to Internet security or to enhance
your identity on the Internet and/or other relevant matters.
46. Links to Third Party Sites. The links ("Linked
Sites") included within the Services may let you leave our
Services. The Linked Sites are not under the control of Company,
and we are not responsible for the contents of any Linked
Sites or any link contained in a Linked Site, or any changes
or updates to such sites. Company is not responsible for any
content or any other form of transmission received from any
Linked Site. Company is providing these Linked Sites for your
convenience only, and the inclusion of any Linked Site does
not imply endorsement or approval or recommendation by Company
of the Linked Sites or any association with their operators.
47. Proprietary Rights. You acknowledge that any
content, Intellectual Property, and software presented by
or anything else associated with the Services or Account are
proprietary, which is owned or used under license by Company
and its respective licensors, which are protected by U.S.,
Canada and international copyrights, trademarks, service marks,
trade secrets, industrial designs, industrial secrets, patents
or other proprietary rights and laws, including but not limited
to text, software, music, sound, photographs, video, graphics
or other material contained in either sponsor advertisements
or electronically distributed, commercially produced information
presented to you, including by Company advertisers or other
content providers. You may make a copy of this content for
your personal use or approved commercial use only, provided
that you keep all copyright and other proprietary notices
intact. You may not modify, copy, reproduce, reverse engineer,
change, republish, upload, post, transmit, or distribute in
any way content available through the Company, its affiliated
sites or associated websites, including code and software.
Any rights not expressly granted herein are reserved.
48. No Survivorship. You agree that your Account,
Domain Name and Services is non-transferable and any rights
to your E=MC² ID or Contents within your Account and Domain
Name terminate upon your death. Upon receipt of a copy of
a death certificate, your Account and Domain Name may be terminated.
49. Non-Assignment. Your privileges under this Agreement
are not assignable. In addition you agree not to transfer,
loan, mortgage, pledge, encumber, rent, lease, license, sublicense
or exploit this Agreement or any of the Service or Account.
Any attempt by you to assign your privileges shall render
this Agreement avoidable at our option. Any attempt by your
creditors or assignees to obtain an interest in your privileges
under this Agreement, whether by attachment, garnishment or
otherwise, shall render this Agreement, Service and Account
voidable at our option.
50. Language. It is the express will of the parties
that this Agreement and all related documents have been drawn
up in English.
51 General. The section titles in this Agreement
are solely used for convenience of the parties, and have no
legal or contractual significance. This Agreement, along with
the policies, rules and procedures, together with all modifications,
constitute the complete and exclusive agreement between you
and Company concerning your use of the Services, and supersede
and govern all prior proposals, agreements, or other communications,
whether established by custom, practice, policy or precedent.
Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint enterprise
between the parties. The failure of Company to require your
performance of any provision hereof shall not affect the full
right to require such performance at any time thereafter;
nor shall the waiver by Company of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
You agree that the terms of this Agreement are severable.
In the event that any provision of this Agreement shall be
unenforceable or invalid under any applicable law or be so
held by applicable court decision, such unenforceability or
invalidity shall not render this Agreement unenforceable or
invalid as a whole. Company will amend or replace such provision
with one that is valid and enforceable and which achieves,
the original objectives and intent of Company as reflected
in the original provision. This Agreement may not be amended
or modified by you. If there are any inconsistencies between
this Agreement and the our policies, notices or agreements,
this Agreement shall prevail. No employee, contractor, agent
or representative of Company is authorized to alter or amend
the terms and conditions of this Agreement, without the prior
written approval of a executive senior officer of Company.
Any such actions may be deemed null, and void.
INFORMATION FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California
residents entitled to the following specific consumer rights
information:
Pricing Information. Current rates for using Services
may be obtained by going to the
pricing schedule. Company reserves the right to change
fees, surcharges, renewal fees or to institute new fees at
any time.
Complaints. The Complaint Assistance Unit of the Division
of Consumer Service of the California Department of Consumer
Affairs may be contacted in writing at 1020 N. Street, #501,
Sacramento, CA 95814, or by telephone at 1-916-445-1254.
BY CLICKING THE "I ACCEPT" BUTTON OR BY COMPLETING THE REGISTRATION
PROCESS OR BY USING COMPANY'S SERVICE OR SERVICES OR BY ESTABLISHING
AN ACCOUNT WITH US, YOU ARE STATING, CONSENTING, AND WARRANTING
THAT YOU ARE ELIGIBLE FOR AN ACCOUNT, YOU HAVE READ, UNDERSTOOD
AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS
OF THIS REGISTRATION AGREEMENT, THE DISPUTE POLICY, THE COMMERCIAL
TRANSACTION POLICY, THE PRIVACY STATEMENT, AND ANY RULES OR
POLICIES THAT ARE OR MAY BE PUBLISHED BY COMPANY FROM TIME
TO TIME.
This is E=MC² Registration Agreement Version Number 2.5.
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