This Service is offered by Aranatha Society (“Aranatha”), a Quebec Business Corporation.
BY REGISTERING AN ACCOUNT, YOU AGREE TO THE FOLLOWING TERMS OF SERVICES, PRICING AND SPECIFIC CONDITIONS APPLICABLE TO THE SERVICES USED AS THEY MAY BE MODIFIED (THE “AGREEMENT”) GOVERNING YOUR USE OF ARANATHA’S SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK CANCEL OR DO NOT USE THE SERVICES.
The following Terms of Service may be modified from time to time. When modified, Aranatha will post a notice informing you of such modifications. Your use of the Services after the date the modifications becomes effective will entail your consent to the modified terms of service. If you don't agree to the modifications, you must stop using the Services.
AGE AND CAPACITY: You represent that you are over the age of majority in your jurisdiction.
In this Agreement, unless the context otherwise requires, the following expressions shall have the meanings indicated below :
shall mean this agreement, the pricing and specific conditions of the Services used as they may be modified from time to time;
shall mean the first of either the date at which you click to confirm your acceptance of this Agreement or the date at which you create a user account;
“Intellectual Property Rights”
shall mean any proprietary right, including but not limited to those provided under: (i) patent law; (ii) copyright law; (iii) trade-mark law; (iv) industrial design law; or (v) any other statutory provision or common law principle that may provide a right pertaining to know-how or intellectual property.
“Service” or “Services” or “Aranatha’s Services”
shall mean the MeoTempo application, software and Internet site as well as any and all other Services offered from time to time by Aranatha;
Subject to the terms of this Agreement, Aranatha hereby grants you a personal, non-exclusive, non-sub licensable, non-assignable, right to use the Services. All rights not expressly granted to you in this Agreement are reserved by Aranatha.
You must ensure the confidentiality of the access codes and/or passwords used to access your account. You are responsible for all activity occurring under your account(s) and shall abide by all applicable laws in connection with your use of the Service, including those related to data privacy, and personal information. You shall notify Aranatha immediately of any unauthorized use of any password or account or any other known or suspected breach of security.
You shall not :
You undertake to pay Aranatha for the use and access to the Services in accordance with the pricing and payment terms applicable to the Services as indicated herein or on the Aranatha Internet site or by way of the Services you use or access. The pricing of the Services is available at : http://aranatha.com/en/prices
As part of your use of the Service, you may submit content such as images, text, contact information and links to content (“Content”). You represent and warrant that any Content submitted by you is accurate and that You have the right to communicate such Content to the Service and us.
We may review Content to determine whether it may prejudice a third party or if it is illegal and we may, if such is the case remove or refuse to publish such Content.
By submitting Content, you hereby grant Aranatha a worldwide, perpetual and royalty free license to use such Content for the only purpose of providing the Services.
Aranatha holds all rights, title and interest either as owner or licensee, including all related Intellectual Property Rights, in and to the Service and the underlying technology. The content of the Services and Internet site or parts thereof are copyrighted by Aranatha, and are also protected by any patent application, filed or to be filed, in accordance with any patent legislation or in accordance with the Patent Cooperation Treaty.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the underlying technology or the Intellectual Property Rights owned by Aranatha. The Aranatha name, the Aranatha logo, and the product names associated with the Service are trademarks of Aranatha or third parties, and no right or license is granted to you to use them.
Aranatha shall own all rights, title and interest including all related Intellectual Property Rights, in any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract any source code.
You acknowledge that all Intellectual Property Rights in and to any third party content that may be distributed with or incorporated in the Service is the property of the respective content owners and are subject to separate license agreements and may be protected by intellectual property laws of other jurisdictions.
You acknowledge and understand that the content created, published, transmitted or shared by the use of the Service is entirely the responsibility of the person from whom such content originated. Therefore, You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. ARANATHA WILL NOT BE LIABLE FOR ANY INFORMATION OR CONTENT SHARED OR EXCHANGED BY MEANS OF THE SERVICES OR ARANATHA’S INTERNET SITE.
This Agreement shall remain in effect from the Effective Date until i) you cease all use of the Services, ii) you communicate in writing that you wish to terminate the Agreement, or iii) that Aranatha terminates this Agreement.
Aranatha may terminate this Agreement without delay, due to your failure to pay the Services in accordance with the payment terms. Aranatha may terminate this Agreement due to your failure to comply with any of the provisions of this Agreement if after thirty (30) days written notice such failure remains uncured. Aranatha may limit or suspend this Agreement and your Use of the Service, prohibit You access to the Aranatha Internet site and/or delete Your User Account, with immediate effect, if Aranatha has reasonable grounds to believe that You are in breach of this Agreement, are otherwise affecting the functionality of the Services, are attracting potential liabilities (including, without limitation, by infringing a third party’s Intellectual Property Rights or by engaging in fraudulent, immoral or illegal activities). Aranatha shall effect such termination by providing notice to you to the email address You have provided, and/or by preventing Your access to the respective User Account. Aranatha reserves the right to cancel User Accounts that have been inactive for more than one (1) year.
In the event of termination of the Agreement, your user account will remain accessible in read only mode for a period of thirty (30) days from the termination date. During this period, it will be your responsibility to recuperate your Content. After such Period, your user account and your Content may be permanently deleted.
Sections 6, 7 (Intellectual Property), 11 (Survival), 12 (Indemnification), 13 (Disclaimer of Warranties) and 14 (Limitations) of this Agreement shall survive any termination or expiration unless and until waived expressly in writing by the party to whom they are of benefit.
You agree to indemnify, defend and hold Aranatha, and its affiliates, officers, directors, employees and agents harmless from and against any and all liability and costs (including reasonable attorneys’ fees incurred by said parties), in connection with or arising out of Your: (a) violation or breach of any term of this Agreement or any applicable law or regulation; (b) violation of any rights of any third party; (c) use or misuse of the Service.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU “AS IS”. ARANATHA MAKES NO REPRESENTATIONS, AND GIVES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND EXCLUDES ANY LEGAL WARRANTY, OR OTHER ARISING FROM USAGE OF TRADE.
ARANATHA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ARANATHA WARRANT THE AVAILABILITY OR SUFFICIENCY OF A CONNECTION TO THE INTERNET.
USING THE SERVICE ENABLES YOU TO SHARE CERTAIN CONTENT WITH OTHER USERS. ARANATHA CANNOT GUARANTEE THAT YOU WILL ALWAYS BE ABLE TO SHARE YOUR CONTENT WITH OTHER SERVICE USERS, NOR CAN ARANATHA GUARANTEE THAT YOU CAN SHARE YOUR CONTENT WITHOUT DISRUPTIONS, DELAYS OR COMMUNICATION-RELATED FLAWS OR THAT ALL YOUR CONTENT SHALL ALWAYS BE DELIVERED TO OTHER SERVICE USERS IN ACCORDANCE WITH YOUR INSTRUCTIONS. ARANATHA WILL NOT BE LIABLE FOR ANY SUCH DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY COMMUNICATION EXPERIENCED WHEN USING THE SERVICE. IN ADDITION, ARANATHA WILL NOT BE LIABLE FOR ANY ERRORS OCCURING IN THE COURSE OF YOUR USE OF THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARANATHA SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT OR CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR CONTENT, OR OTHER ECONOMIC DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF THEY ARE FORESEEABLE.
The Service may contain links to other Internet sites or services maintained by third parties. ARANATHA does not endorse or approve, and is not responsible for the content of such other Internet sites and services.
This Agreement supersedes all prior representations, arrangements, negotiations, understandings and agreements between the Parties, both written and oral, relating to the subject matter hereof.
If any term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected.
You may not assign the rights obligations set forth in this Agreement.
Any communication to your attention will be transmitted either via the Services or the application you use of to the email address you have provided when you activated your user account.
You hereby agree to receive electronic messages from Aranatha pertaining to its Services, presently existing or to be developed. If you wish to retract your consent to such communications, you can do so by accessing : Unsubscribe
In the event of any dispute, controversy or difference arising between the Parties out of or relating to or in connection with this Agreement, or the breach hereof, each Party shall refer the matter to its Representative who will work with his/her counterpart to resolve the dispute in a timely fashion.
Any dispute that is not resolved at this level within thirty (30) days may only be submitted to the Court of competent jurisdiction in the district of Quebec, Province of Quebec, Canada, to the exclusion of any other Court.
This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Québec and the federal laws of Canada applicable therein. The Parties hereby recognize the exclusive jurisdiction of the courts of the Province of Quebec, in the district of Quebec, for any legal proceedings arising out of this Agreement.