b. Electronic Form. By accessing the Web Site you consent to have this Agreement provided to you in electronic form.
c. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Web Site, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
This Agreement contains the entire agreement between you and Inmyel Inc. regarding the use of the Web Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
3. Content on Web Site.
a. Proprietary Rights. Inmyel Inc. owns and retains all proprietary rights in and to the Web Site. The Web Site contains the copyrighted material, trademarks, and other proprietary information of Inmyel Inc., and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not frame this Web Site nor link to this Web Site without Inmyel Inc.’s express permission.
b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available on the Web Site, but not directly by Inmyel Inc., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Inmyel Inc. does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Web Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Web Site. Under no circumstances will Inmyel Inc. or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web Site or transmitted to or by any Users.
4. Limited Use
Inmyel Inc. grants you a limited licence to download and display on your computer monitor, or hard copy prints, the Web Site’s content, for non-commercial, personal or educational purposes only, providing that the Web Site content is not modified and that the Web Site’s copyright statement and this limited licence are included with, and displayed on, each printed copy of such content. The following limitations apply to the use of the Web Site:
You may not:
a) use the Web Site’s content for commercial purposes;
b) include the Web Site’s content with any product or service that you or your agents create or distribute, including software or other digital products; and
c) display the Web Site’s content on any other website or make available the Web Site’s content on any file server.
Nothing contained in the licence granted under the limited use clause shall be construed as conferring any right under any copyright of Inmyel Inc. or any other person who owns the copyright.
All information on the Web Site is protected by copyright, pursuant to Canadian copyright laws, international conventions, and other copyright laws. All rights reserved. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the information, in any form or by any means, or its storage in a retrieval system, whether in whole or in part, without the express written permission of the Inmyel Inc. is prohibited.
6. Prohibited Activities.
Inmyel Inc. reserves the right to investigate and restrict your usage of the Web Site if you have misused the Web Site, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
7. Blocking of IP Addresses.
In order to protect the integrity of the Web Site, Inmyel Inc. reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Web Site.
Inmyel Inc. does not warrant or make any representations or claims as to the validity, correctness, accuracy, currency, timeliness, completeness or otherwise of the information contained in this web site, nor shall it be liable or responsible for any claim or damage whether direct, indirect, special, consequential or otherwise arising out of the interpretation, use or reliance upon, authorized or unauthorized, such information.
THE INMYEL INC. WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU STRICTLY AT YOUR SOLE RISK. INMYEL INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE INMYEL INC. WEB SITE. ALL SUCH INFORMATION IS PROVIDED WITHOUT WARRANTY, REPRESENTAION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE INMYEL INC. WEB SITE AND THE INTERNET GENERALLY. INMYEL INC. AND ITS SUBSIDIARIES DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THE INMYEL INC. WEB SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE. Some jurisdictions may not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you.
INMYEL INC. DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE INMYEL INC. WEB SITE OR OTHER INFORMATION ACCESSIBLE FROM THIS web site INLCUDING AVAILABLE FROM ANY LINKS.
IN NO EVENT SHALL INMYEL INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS SERVER, WEB SITE OR THE INTERNET GENERALLY.
The content in this web site may not always be the most current source of the company information, and Inmyel Inc. disclaims liability for any failure to update this web site or the information or any material document contain therein. In addition, the information and materials available on this web site are not intended to provide specific legal, financial or any other advice of any kind whatsoever to any user. The documents and information available on this web site are provided as a convenience only. Certain documents and other materials on this web site, including presentations and documents filed by Inmyel Inc. with regulatory authorities of selected jurisdictions and listed and/or linked to the web site, speak only as of the dates on which such documents and materials were filed or otherwise used by Inmyel Inc.. The contents of such documents or materials may become out-of-date; however, Inmyel Inc. makes no commitment and disclaims any duty to update those documents and materials.
Internet software transmission problems could produce inaccurate or incomplete copies of documents or other material from this web site when downloaded or displayed on a user’s computer, and Inmyel Inc. takes no responsibility for the accuracy or completeness of documents or material downloaded or displayed from this web site.
Inmyel Inc. takes reasonable precautions to ensure that this Web Site is free from computer viruses, however it is recommended that the user install and use appropriate anti-virus or other protective software. Inmyel Inc. disclaims liability for any computer viruses or other destructive programs that may be inadvertently downloaded from this web site.
The Web Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Inmyel Inc. has no control over such sites and resources, you acknowledge and agree that Inmyel Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Inmyel Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
11. Third-Party Advertisers.
Inmyel Inc. may run advertisements and promotions from third parties on the Web Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Inmyel Inc., and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Inmyel Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
12. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Inmyel Inc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web Site, even if Inmyel Inc. has been advised of the possibility of such damages.
13. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Web Site, by using the Web Site, you expressly agree that any such dispute shall be governed by the laws of the Province of Manitoba and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of the Province of Manitoba for the resolution of any such dispute.
14. Indemnity by You.
You agree to indemnify and hold Inmyel Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Web Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Inmyel Inc. is trademark of Inmyel Inc. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Web Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Inmyel Inc.. Please contact us with any questions regarding this agreement.
All monetary amounts mentioned in the Web Site are in Canadian dollars unless otherwise noted.
Your Privacy Rights
Information we collect about you
We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our Web Site, the information may be sent to servers located in Canada and other countries around the world.
Information you provide. We may collect and store any personal information you enter on our Web Site or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender and age, your financial life and other demographic information, as well as public information such as user ratings, reviews and comments, and other information you view or contribute to the Web Site.
Information from other sources. We may also periodically obtain both personal and non-personal information about you from other business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Information about others. We may also collect and store personal information about other people that you provide to us. If you use our Web Site to send others (friends, relatives, colleagues, etc.) information that may interest them or messages (such as invitations) through our system, we may store your personal information, and the personal information of each such recipient.
We use various technologies to collect information from your computer and about your activities on our site.
Information collected automatically. We may automatically collect information from your browser when you visit our Web Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below), and the referring website address.
Cookies. When you visit our Web Site, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to use some of the interactive features offered on our Web Site.
Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize our Web Site to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
Information collected by third-parties. We may allow third-parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our Web Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness.
How we use the information we collect
We may use information that we collect about you to: perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; aggregate data such as the anonymous personal financial data you may enter into our tools; communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties; develop and display content and advertising tailored to your interests on our site and other sites; enforce our terms and conditions; manage our business; and perform functions as otherwise described to you at the time of collection.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include, but are not limited to, processing credit card payments, providing customer service and marketing assistance, performing business and sales analysis, supporting our Web Site functionality, and supporting surveys or other features offered through our Web Site. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Business partners: When you engage in promotions offered through our Web Site we may share personal information with the businesses with which we partner to offer you those products or services., When you elect to engage with a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant, and you do so at your own risk.
Other Situations. We also may disclose your information: in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us; when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Web Site terms and conditions or other agreements or policies; in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and non-personal information.
We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our Web Site(s) and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Web Site and the most popular features or services accessed. This information does not contain any personal information and may be used to develop Web Site content and services that we hope you and other users will find of interest and to target content and advertising.
Your choices about collection and use of your information
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Web Site because such information may be required in order for you to use a certain feature of the Web Site; ask a question; rate, review or comment on articles and merchants, or initiate other transactions on our Web Site.
You will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have updated your information, you may have to update your information directly with that third party.
How we protect your personal information
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. Although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.
Blogs, bulletin boards, reviews and chat rooms
Our Web Site is a general adult audience site, and we do not knowingly collect personal information from children.
No Rights of Third Parties