Persons under the age of 13 are not permitted to use the Services except with the prior written consent of their Parent or School. If you are under 18 years of age and registering to use the Services we recommend that you read this document together with your Parent or teachers.
NATURE OF THE SERVICES
- PrintCAST is a game-changing augmented reality (SaaS model) platform enabling publishers, agencies, brands and individuals to create the richest, most dynamic, most interactive and engaging experiences ever. PrintCAST allows for a dazzling array of digital media to bring interactive posters, brochures, magazines, textbooks, and menus to full life on your mobile device with captivating educational and interactive content. What makes PrintCAST special are its clear and simple user interface and dashboard (designed for people at all skill levels), its versatility and robustness, and the wealth of analytics it gathers. Absolutely no coding is required to build exciting custom AR solutions with our PrintCAST design studio, and track the progress of your campaign.
- In these TOU certain words with a Capital letter have a particular meaning. These are listed below:
means the person in whose name an account is registered.
means anyone who is for the time being authorised by the Account Holder to access and use the Services.
means ( 1 ) any lawful commercial, trade or professional use within any user guidelines published by us. ( 2) any personal entertainment use without any commercial, trade or professional purposes whatsoever.
includes a legal guardian.
means a person who employs the Services for personal use.
means our PrintCAST service and technology (or the version that you are registered to use) together with its related databases, features, functionality, plug-ins, software, templates, tools, documentation and web pages including any modifications or updates thereto.
means the Account Holder, or any person who uses the Services regardless of whether or not they are the Account Holder.
means the legal contract between KP9 Interactive and the User for the provision of the Services which shall incorporate and be subject to these TOU.
means any animation, documents, images, links, sound files, videos, data, text, or any other content or materials that a User creates, enters, imports or uploads using the Services and/or distributes, transmits, or makes available to the public and includes any content that a User requests, prompts, encourages or enables others to upload.
means any thing or device (including any software, code, file or programme) which may prevent, impair, or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re- arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
means you, the person using the Services, or registering as an Account Holder.
means the projects that you (or your Authorised Users) have generated with your PrintCAST Account.
“KP9 Interactive” or “we”
means KP9 Interactive, a company incoporated in Ontario registered as 10546950 Canada Inc.
means the account registered with KP9 Interactive by which the Account Holder and (where applicable) their Authorised Users access the Services.
“KP9 Interactive Technology”
means KP9 Interactive’s proprietary technology on which the Services are based which can be used with images and objects located in the real world to create augmented reality experiences displayed on smartphones and handheld devices.
“KP9 Interactive web portal”
refers to the URL https://portal.worldcast.io/ to view augmented reality experiences through a web browser on your desktop or mobile device. .
means our website for the Services located at URL https://worldcast.io
IN THESE TOU:
(1) The words “includes” and “including” are not limited in any way and mean “includes or including without limitation."
(2) The word “person” includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons.
(3) The clause and paragraph headings are for convenience only and shall not affect their interpretation.
(4) Unless stated otherwise, references to a Clause is to a clause of these TOU.
- Where a conflict, ambiguity or difference exists in the interpretation, wording or meaning of a provision or term in any of our published policy documents, or in any written communication to you, the provision or term contained in the most recent policy document or communication shall apply.
- These TOU were originally written in the English language (Canada). To the extent any translated version of these TOU conflicts with the English version, the English version controls.
ACCEPTANCE OF TERMS
CHANGES TO THESE TERMS
- We may, at our sole discretion, revise, modify or replace these TOU by updating the posting on the PrintCAST Website at any time with or without notice to you. You should visit the PrintCAST Website from time to time to review the current version of the TOU because they are binding upon you. If you do not wish to accept the new TOU you should not continue to use the Services. If you continue to use the Services after the date on which any changes come into effect, your use of the Services indicates your agreement to be bound by the new TOU.
USE OF SERVICES
- Who is allowed to use the Services?
You are only allowed to use the Services if you meet the following criteria and represent and warrant that you:
(1) Are 13 years of age or older, or are under the age of 13 and your Parent has given permission for you to participate in the Services;
(2) Are not currently restricted or prohibited from using the Services;
(3) Will comply with these TOU at all times; and
(4) Agree to provide at your cost all equipment, resources, software, and Internet access necessary to use the Services.
- If you do not meet all eligibility requirements outlined in these TOU, or cease to meet them, you are not allowed to use the Services. KP9 Interactive also reserves the right, at our sole discretion, to refuse to accept any request to open a PrintCAST Account or create a login for the Services.
- There are two levels of Service: a free Service designed for personal use by individuals and small organizations, which requires no Registration or Account, and Professional and Custom Services for large enterprises and educational institutions, which require an Account and paid Subscription. While we do not charge for the free app, be aware that your carriers' normal rates and fees, such as data charges, will still apply.
- To use the Professional and Custom Services each User will need to register with us by creating a PrintCAST Account, or log-in credentials. During registration you will be asked to provide your name, a valid email address and your date of birth. You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provided when registering by updating your personal details; so that we can communicate with you effectively.
- If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your PrintCAST Account and/or your right to use the Services with or without notice to you.
PASSWORD AND SECURITY
- When you register to use the Services you will be asked to create a user name and password. The Account Holder is solely responsible for the activity that occurs on their PrintCAST Account and for keeping their account secure. The Account Holder therefore agrees to:
(1) Keep (and procure that their Authorised Users keep) their user name and password secure and confidential;
(2) Not permit others to use their PrintCAST Account unless they are an Authorised User;
(3) Be responsible for all activity under their PrintCAST Account;
(4) Refrain from selling, trading or otherwise transferring their PrintCAST Account to another party except as permitted by the User Agreement;
(5) Refrain from charging anyone for access to any portion of their PrintCAST Account.
- If you know or suspect that someone else knows your password or has gained unauthorised access to your PrintCAST Account you should notify us immediately by contacting us at firstname.lastname@example.org. If KP9 Interactive has reason to believe that there is likely to be a breach of security or misuse of the Services, we may require you to change your user name and/or password or we may suspend your PrintCAST Account or log-in credentials. KP9 Interactive WILL NOT BE LIABLE FOR ANY LOSS THAT A USER INCURS AS RESULT OF ANY OTHER PERSON’S USE OF THEIR PrintCAST ACCOUNT OR LOGIN CREDENTIALS, WHETHER AUTHORISED OR UNAUTHORISED.
- If you are using a Professional or Custom Account on behalf of an employer or educational institution, your Account may be assigned to you by an administrator. If so, different or additional terms may apply and your administrator may be able to access or disable your account.
- KP9 Interactive reserves the right to remove and/or clear out inactive PrintCAST Accounts as part of the general housekeeping procedures we periodically carry out to improve the efficiency and performance of the Services. This housekeeping may result in a temporary or permanent removal or deactivation of the inactive account, and erasure or disabling of all content and data connected or related to it, including User Content.
LICENCE TO USE THE SERVICES
Grant of licences:
- Subject to compliance with these TOU, including all applicable restrictions and payment of our fees and any directions or guidelines published by us from time to time, KP9 Interactive grants the User a personal, worldwide, non-exclusive, non- transferable, and limited licence (the “Licence”) unless and until terminated to do the following solely via your PrintCAST Account and for the Permitted Purpose: (1) access and use the Services for the development, publishing and distribution of your User Content; and (2) use any instructional material expressly authorised by KP9 Interactive for use with your Casts.
(1) The User must not at any time (directly or indirectly) do any of the following: (i) use the Services for any activity or purpose which is illegal, immoral, or improper whether in Canada or elsewhere in the world; (ii) modify, adapt, translate, or create derivate works based on the Services or KP9 Interactive Technology; (iii) reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code for, or any other trade secrets embedded in, the Services or KP9 Interactive Technology; (iv) copy (in whole or in part) the Services or the KP9 Interactive Technology; (v) charge any person for access to or use of the Services; (vi) frame, rent, lease, loan, distribute, resell, sublicense, or transfer the Services; or (vii) access all or any part of the Services in order to build a product or service which competes with the Services. For clarity, these restrictions do not prohibit Business Users from using the Services in connection with the development, creation, marketing, distribution, and sale of their own products and services subject to compliance with these TOU and our Fair Use Policy.
(2) The User must not use in any manner Casts belonging to another User without their express consent and the User must not use Casts within any media or on any materials (whether physical or digital) which do not belong to them unless authorised to do so by the owner.
(3) Users must not represent KP9 Interactive as having approved or endorsed any products or services, or use KP9 Interactive’s name on or in connection with any products or services without KP9 Interactive’s prior written consent.
The User must not remove, alter, or obscure any copyright, trademark, or other proprietary rights notice contained in the Services.
Reservation of rights:
KP9 Interactive retains all right, title, and interest in and to the Services and KP9 Interactive Technology and all related data and intellectual property rights, except those limited rights expressly included in the Licence. Any content (including software) we provide to you as part of the Services is licensed under these TOU, and not sold to you.
FEES AND PAYMENT
- Unless expressly stated on the PrintCAST Website, use of Professional and Custom Services will require payment by the Account Holder of a fee on a subscription basis. When signing up for the Services as a Professional or Custom consumer you agree to our supplying you with access to PrintCAST and any digital content provided with the Services before the end of the cancellation period. You acknowledge that as a consequence the right to cancel the User Agreement will be lost.
- You must pay all fees applicable to your use of the Services in accordance with our current published pricing. You must pay the fees by the date and in the manner described in the invoice or billing agreement. All fees charged for using the Services are exclusive of taxes, levies or duties (e.g. HST, GST, PST or other sales taxes) imposed by taxation authorities, and you shall be responsible for payment thereof in addition to the fees. Charges are payable in the currency reflected in the relevant invoice or billing agreement.
- KP9 Interactive reserves the right to change the payment terms and fees at our sole discretion by giving notice to you. The amended fees and/or terms will (unless stated otherwise) be effective from the date of that notice and will apply to any fees incurred by you following the effective date of that price change.
- All payments for fees made on the PrintCAST Website are processed on our behalf by third party payment providers. You accept that KP9 Interactive is not responsible for these third party payment providers and their operation or availability. By agreeing to these TOU, you authorise KP9 Interactive or our nominated payment provider to make any reasonable and necessary enquiries to validate your PrintCAST Account and financial information.
- KP9 Interactive reserves the right to monitor your use of the Services for the purposes of ensuring that you are using the Services in compliance with the User Agreement and are paying the correct fees for your use of the Services. If our monitoring reveals a discrepancy between the fees you have paid for the Services and the fees actually due then you will pay the difference to KP9 Interactive.
USER WARRANTIES AND INDEMNITY
- Without prejudice to any representations or warranties given by you elsewhere in these TOU, you represent, warrant, and undertake that:
(1) Any PrintCAST Account created by or on your behalf is for your own personal, business, or education use and the account has not, without express permission, been created with the intention to impersonate, falsely represent or create a false association with another person;
(3) You will comply with the rules and regulations of your mobile device service providers, internet service providers, and other third party service providers;
(4) (If you are a Professional User or Custom User) you will comply with the prudent practices, methods, specifications and standards of safety and performance commonly used in operations similar to those of your business or profession, including any advertising standards, professional standards, or codes of practice; and
(5) All information provided by you to KP9 Interactive is and will remain throughout your use of the Services true, accurate and complete. You will promptly notify KP9 Interactive of any material change in that information.
You acknowledge that any breach of these TOU may cause KP9 Interactive damage or loss and you agree to indemnify and hold harmless KP9 Interactive and its employees, directors, shareholders, and affiliates against any and all liabilities, claims, actions, proceedings, losses, damages, expenses, and costs (including court costs and legal fees) whether direct, indirect, or consequential and including any economic loss or other loss of profits, business, or goodwill which KP9 Interactive or any of its employees, directors, shareholders, and affiliates may suffer or incur as a result of any of the following matters:
(1) Your use of the Services;
(2) Your use of Casts;
(3) Your User Content;
(4) Any breach by you or anyone acting on your behalf of these TOU.
USER CONTENT: GENERAL RULES
- Users acknowledge that the Services are designed to be an open information system and KP9 Interactive does not guarantee any confidentiality or privacy with respect to published User Content. Any User Content that you publish may potentially become visible to anyone using the Services who scans the target medium. Furthermore, due to the nature of the internet and search engines in particular, User Content may remain on devices or websites not operated or controlled by KP9 Interactive even after such User Content has been removed or deleted from our systems. You acknowledge and agree that any User Content published to the Services may become openly available across the internet.
- You acknowledge and agree that you, and not KP9 Interactive, are solely responsible for all User Content that you make available through the Services including the content that is uploaded to your Casts. User Content will not be vetted or edited in advance by KP9 Interactive and KP9 Interactive exercises no editorial control over User Content. Notwithstanding this, KP9 Interactive reserves the right at our sole discretion (but shall have no obligation) to refuse, suspend access to, or remove any User Content available through the Services at any time. We do not need a reason to exercise this right (or to give you prior notice), but we would normally only refuse, suspend access to, or remove content if: (1) we deem it to be unlawful or in breach of these TOU; or (2) we receive a complaint about your User Content; or (3) we receive a Court Order requiring its removal from our systems; or (4) the content violates our terms of service with our server provider.
- Please note that User Content that has been removed may continue to be stored by us in order to comply with certain legal obligations.
- While KP9 Interactive makes reasonable efforts to ensure that Casts correctly function with the User Content that Users and their end-users have assigned to them, you acknowledge that it is your sole responsibility to test and check the correct functionality of all Casts before putting them into use. KP9 Interactive ACCEPTS NO LIABILITY WHATSOEVER FOR ANY LOSSES INCURRED AS A CONSEQUENCE OF ANY INCORRECTLY CONFIGURED LINKS.
USER CONTENT: OWNERSHIP
- Subject to the provisions of this Clause, you or your licensor retain any and all rights as you currently have under applicable law in your User Content.
- You grant KP9 Interactive a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to store, reproduce, adapt, modify, translate, publish, display, perform, transmit, distribute and allow others to use your User Content on or through the Services. This licence is restricted to the goal of enabling KP9 Interactive to perform, display, distribute and promote the Services, including but not limited to providing persons who engage with your Casts with access to your User Content. Your licence includes a right for KP9 Interactive to make the content available and sub-licence it to suppliers, licensors, other companies, organisations, and individuals with whom KP9 Interactive co-operates in providing or developing the Services. You represent and warrant to KP9 Interactive that you have (and will continue to have during your use of the Services) all necessary rights, permissions, power and authority to grant the licence contained in this clause.
USER CONTENT: PROHIBITED CONTENT
- You must not during the course of your use of the Services (and shall ensure that end-users of your Casts do not) create, enter, import, upload, store, link to, share, publish, make available to the public, distribute, or transmit any content or data that:
(1) Is or contains a Virus;
(2) Is unlawful, harmful, offensive, abusive, threatening, defamatory, libellous, vulgar, obscene, infringing, menacing, harassing, or racially or ethnically offensive or otherwise objectionable or otherwise breaching any laws;
(3) Facilitates or encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
(4) Depicts indecent, pornographic, or sexually explicit images;
(5) Compromises the rights of, brings harm to, or in any way unfairly deals with children and minors;
(6) Incites, promotes or encourages violent, exploitative, racist, discriminatory, socially unacceptable, or irresponsible behaviour;
(7) Is discriminatory based on age, race, gender, gender re-assignment, colour, religious belief, sexual orientation, disability, or any other protected characteristic of an individual;
(8) Reveals any confidential or sensitive information unless you are authorised to make such disclosure;
(9) Impersonates any living person, misrepresents your affiliation with a person, or contains forged or manipulated headers intended to disguise the origin of the content;
(10) Violates the privacy rights of any living person or harvests or collects personal data about others without their knowledge and consent;
(11) Is a breach of the copyright, patent, trademark, trade secret, database right, or any other intellectual property right of any person unless you have the permission of the controller or owner of such right;
(12) Streams, distributes, links to or accesses any material that you know, or ought reasonably to know, cannot be legally streamed, distributed, linked to, or accessed;
(13) Causes damages or injury to any person or property;
(14) Interferes with the use or enjoyment of the Services by another person.
PRIVACY AND DATA PROTECTION
- Your use of the Services may also result in cookies being placed on your computer equipment or mobile device.
- If KP9 Interactive processes any personal data on a User’s behalf when providing the Services, the parties record their intention that the User shall be the data controller and KP9 Interactive shall be a data processor and in any such case:
(1) The User acknowledges and agrees that the personal data may be transferred or stored outside Canada or the country where the User is located in order to carry out the Services and KP9 Interactive’s other obligations under these TOU;
(2) The User shall ensure that the User is entitled to transfer the relevant personal data to KP9 Interactive so that KP9 Interactive may lawfully use, process, and transfer the personal data in accordance with these TOU on the User’s behalf;
(3) The User shall ensure that the relevant third parties (including end-users of the User’s Casts) have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
(4) KP9 Interactive shall process the personal data only in accordance with the terms of these TOU and any lawful instructions reasonably given by the User from time to time; and
(5) Each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction, or damage.
FAIR USE POLICY
- A policy of fair and acceptable usage applies to the Services. This Fair Use Policy applies to everyone who uses the Services. As part of our Fair Use Policy you must not do any of the following:
(1) Use the Services in any way which breaches the TOU;
(2) Use the Services in any way that disrupts or interferes with, or has the potential to disrupt or interfere with, the Services;
(3) Use the Services (either individually or collectively with other Users) in any manner that is excessive, abnormal, or places a significant burden on our platform, website, online services or network, whereby such use does, will or could negatively impact or adversely affect optimal platform performance benchmarks (as set at our sole discretion from to time) to the detriment of other Users;
(4) Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, or bypass any measures we may use to prevent or restrict access to the Services (or other PrintCAST Accounts, computer systems or networks connected to the Services);
(5) Use the Services in a way which infringes or misappropriates the intellectual property or privacy rights of any person;
(6) Harvest or scrape any content, data, code, scripting, or images from the Services;
(7) Upload or introduce Viruses onto the Services;
(8) Connect or attempt to connect Viruses or content or materials to a PrintCAST project that belongs to another User;
(9) And you must comply with all directions or specifications we publish concerning the media files that can be imported into the Services e.g. format, type, size, duration.
If you breach our Fair Use Policy, or we consider that you are otherwise using the Services in an unfair, excessive or disruptive manner, or otherwise at our sole discretion, we may (in addition to our rights set out elsewhere in these TOU) place limitations or restrictions on service features otherwise described as “free” or “unlimited” e.g. we may place additional limits on the number of Casts allocated to you, or limit the type / size of file you or others can import into the Services. We may also place upper limits on hosting of data and data transfer from our content delivery network to end users.
If you breach our Fair Use Policy, we will normally ask you to correct your behaviour first before taking any action, but reserve the right not to give notice in the case of deliberate, serious, or persistent breaches or misuse of the Services. You understand that breach of the Fair Use Policy may be grounds for termination of your User Agreement and right to use the Services.
DELIVERY, AVAILABILITY AND MODIFICATION OF THE SERVICES
- KP9 Interactive will begin to make the Services available to the Account Holder and its Authorised Users at the moment of activating the PrintCAST Account. Where an Account Holder opts to use the Services on a free to use basis KP9 Interactive only provides those features of the Services that are available on a free to use basis. When the Account Holder starts paid use of the Services KP9 Interactive will provide those features of the Services that are available for the type of use paid for, at the moment of receiving payment.
- KP9 Interactive warrants to the Account Holder that we will perform the Services with reasonable care and skill and (where applicable) within a reasonable time. We make no promise that the Services will meet your requirements; nor do we guarantee the level of activity that your Casts will generate, such as the number of Web hits you will get. We do not guarantee that the Services will be fault-free or offer constant, uninterrupted access. If a fault occurs with the Services you should report it to the support department of KP9 Interactive and we will attempt to correct the fault as soon as we reasonably can.
- Your access to the Services may occasionally be suspended or restricted to allow for repairs, maintenance, updates, or the introduction of new facilities or services. If this happens, we will attempt to restore the service as soon as we reasonably can.
- The Services will change over time and we may require you to accept updates to the Services. From time to time we may require you to update your software to continue to use the Services. Alternately, this software may update automatically on your device once a new version or feature is available. KP9 Interactive may perform these updates remotely to any PrintCAST software residing on your device. We also reserve the general right to modify, update or discontinue (temporarily, or permanently) the Services (or any aspect thereof); impose limits on certain aspects of the Services; and/or restrict your access to parts or all of the Services. This right may be exercised at any time and with or without notice to Users.
DURATION OF THE USER AGREEMENT
- KP9 Interactive may, in our sole discretion, immediately suspend or terminate the User Agreement and your access to and use of all or any aspect of the Services with or without notice and for any reason, including (1) if you breach any of your obligations under these TOU; (2) if KP9 Interactive is required to do so by law or through an order of any competent authority; or (3) KP9 Interactive permanently discontinues the Services. Suspension of the Services does not affect your obligations to us under these TOU. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating the User Agreement and may be referred to the appropriate law enforcement authorities.
- There is no minimum duration of the User Agreement. The Account Holder may cancel the User Agreement and their PrintCAST Account for any reason at any time by giving us written notice which shall take effect upon the date we receive your notice at our address given below. If you do cancel your PrintCAST Account, and you are a Professional or Custom User, you will be charged for the remainder of the billing cycle (annual or monthly) that you are currently in and your PrintCAST Account and content will be disabled at the end of the current billing cycle.
- Upon cancellation or termination of the User Agreement by KP9 Interactive or the Account Holder, regardless of the reasons therefor:
(1) Your right to use the Services and the Licence immediately ceases, and you acknowledge and agree that KP9 Interactive may delete your PrintCAST Account and at any time thereafter remove, archive or permanently erase all content and information (including User Content) associated with you and/or your PrintCAST Account;
(2) KP9 Interactive may deny you any further access to and use of the Services. (This may include banning the IP address of Users to prevent their access to the Services);
(3) KP9 Interactive shall not be liable to you or any third party for any claim or damages arising out of said cancellation or termination or for the consequent loss of any content or information;
(4) KP9 Interactive shall unless the law requires otherwise not be required to refund any fees or other payments to you regardless of the remaining period of your subscription to the Services; and
(5) All provisions of these TOU that are intended to survive the cancellation or termination by their nature or because such has expressly been provided for shall survive. These provisions include provisions relating to ownership of intellectual property, disclaimers, indemnity obligations, limitation and exclusions of liability, and applicable law. Any licences granted by you under these TOU shall survive after the User Agreement has been cancelled or terminated.
The cancellation or termination of the User Agreement shall be without prejudice to the provisions of this Clause and to any rights of either party that may have accrued by, at or up to the date of such cancellation or termination.
OWNERSHIP OF THE SERVICES AND TRADEMARKS
- The User acknowledges and agrees that KP9 Interactive and/or its licensors own all title, ownership rights, and intellectual property rights in and to the Services, KP9 Interactive Technology and KP9 Interactive PrintCAST (together the “KP9 Interactive IPR”). Except as expressly stated herein, these TOU do not grant the User any rights to, or in, any patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the KP9 Interactive IPR.
- KP9 Interactive is the sole and exclusive owner of the KP9 Interactive Logo, PrintCAST and KP9 Interactive trademarks, and the overall “look and feel” of the Services (collectively the “KP9 Interactive Marks”); including any registrations and applications for registration of the KP9 Interactive Marks, and their associated goodwill, throughout the world. You may not display, reproduce, or otherwise use any of the KP9 Interactive Marks, without first receiving written consent from us. All permitted use of any KP9 Interactive Marks by the User will inure to the benefit of KP9 Interactive. The User will not acquire any right, title or interest in or to the any of the KP9 Interactive Marks. All other trademarks, taglines, graphics and logos used on or in connection with the Services are unregistered or registered trademarks or service marks of KP9 Interactive or its licensors.
- Users are free to submit comments, ideas, suggestions and recommendations to KP9 Interactive with respect to the Services (a “Submission”). Submissions provided by Users may be used by KP9 Interactive to improve or enhance its products and services and, accordingly, in making the Submission the User grants to KP9 Interactive an unlimited, non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide licence to use, copy, modify, translate, publish, display, perform, transmit, distribute, make, import, sell, offer to sell, lease, license or otherwise transfer, including the right to sub-license any of these rights to others, any and all intellectual property and other rights the User may have in the Submission. This means that KP9 Interactive will be free (but not obliged) to exploit and use any Submission it receives from a User in our business in such manner as we see fit and without having to provide the User with any form of attribution or financial compensation of any kind.
THIRD PARTY WEBSITES
- As a convenience to Users, the Services may include links to other resources, on-line services or material (a “Third Party Service”) which are beyond our control. KP9 Interactive is not responsible for any content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Services. The inclusion of a link to a Third Party Service does not imply endorsement by KP9 Interactive or any association with its operators.
DISCLAIMERS AND LIMITATION OF LIABILITY
- THE ATTENTION OF USERS IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE WHICH SET OUT THE ENTIRE LIABILITY OF KP9 Interactive (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF ITS DIRECTORS, EMPLOYEES, AGENTS AND SUB-CONTRACTORS) TO THE USER IN RESPECT OF:
(A) ANY BREACH OF THE USER AGREEMENT;
(B) ANY USE MADE BY THE USER OF THE SERVICES OR ANY ASPECT OF THEM; AND
(C) ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THE USER AGREEMENT, THESE TOU OR THE SERVICES.
NOTHING IN THESE TOU EXCLUDES KP9 Interactive’S LIABILITY FOR THE FOLLOWING MATTERS:
(A) DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE;
(B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR
(C) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING (WHERE APPLICABLE) YOUR STATUTORY RIGHTS AS A CONSUMER.
EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN THESE TOU:
(A) THE USER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE SERVICES BY THE USER, AND FOR ANY CONCLUSIONS DRAWN FROM SUCH USE. KP9 Interactive SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION, INSTRUCTIONS OR OTHER MATERIALS PROVIDED TO KP9 Interactive BY THE USER IN CONNECTION WITH THE SERVICES, OR ANY ACTIONS TAKEN BY KP9 Interactive AT THE USER’S DIRECTION. IF YOU ARE USING OUR SERVICES ON BEHALF OF A BUSINESS, THAT BUSINESS ACCEPTS ALL TERMS. IT WILL HOLD HARMLESS AND INDEMNIFY KP9 Interactive AND ITS AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES FROM ANY CLAIM, SUM, OR ACTION ARISING FROM OR RELATED TO THE USE OF SERVICES OR VIOLATION OF THESE TERMS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM CLAIMS, LOSSES, DAMAGES, SUITS, JUDGEMENTS, LITIGATION, AND LEGAL FEES.
(B) ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED FROM THESE TOU INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(C) THE SERVICES ARE PROVIDED TO THE USER ON AN “AS IS”, “AS AVAILABLE” BASIS.
KP9 Interactive ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY INABILITY TO ACCESS OR USE THE SERVICES OR ANY INABILITY FOR YOU TO PROVIDE ANY BUSINESS DEPENDENT ON THE SERVICES DUE TO TECHNICAL OR OTHER FAILURE OUTSIDE OUR CONTROL. KP9 Interactive DOES NOT CONTROL HOW CASTS ARE GENERATED. WE ARE NOT RESPONSIBLE FOR CAST FRAUD, OR OTHER POTENTIALLY INVAILD CAST ACTIVITY THAT MAY AFFECT YOUR BUSINESS ACTIVITIES.
KP9 Interactive SHALL NOT BE LIABLE FOR NON-CONFORMANCE OR NON-PERFORMANCE OF THE SERVICES WHICH IS CAUSED BY USE OF THE SERVICES IN A MANNER FOR WHICH THEY ARE NOT INTENDED, OR CONTRARY TO KP9 Interactive’S INSTRUCTIONS, OR FOR MODIFICATION OR ALTERATION OF THE SERVICES BY ANY PARTY OTHER THAN KP9 Interactive OR KP9 Interactive’S DULY AUTHORISED CONTRACTORS OR AGENTS.
KP9 Interactive DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTIFY OF THE PERSONS USING THE SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS; THEREFORE WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION OR USER CONTENT EXCEPT FOR ANY STATUTORY LIABILITY THAT WE MAY HAVE UNDER APPLICABLE CANADIAN LAWS SUCH AS PIPEDA.
IN THE EVENT OF ANY LOSS OR DAMAGE TO DATA COMPRISED IN ANY USER CONTENT (“USER DATA”), THE USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR KP9 Interactive TO USE REASONABLE COMMERCIAL ENDEAVOURS TO RESTORE THE LOST OR DAMAGED USER DATA FROM THE LATEST BACK-UP OF SUCH USER DATA MAINTAINED BY KP9 Interactive. KP9 Interactive SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, OR DISCLOSURE OF USER DATA CAUSED BY ANY THIRD PARTY. YOU ARE THEREFORE ADVISED TO SECURELY BACK-UP YOUR USER CONTENT BEFORE SUBMITTING IT TO THE SERVICES.
THE SERVICES PROVIDED FOR USE BY USERS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS OR IN ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE SUCH AS IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION, COMMUNICATION OR FLIGHT CONTROL; LIFE SUPPORT MACHINES; WEAPON SYSTEMS; SECURITY SYSTEMS; HEALTH CARE OR PHARMACEUTICAL PRODUCTS OR SERVICES; OR ANY OTHER ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SERVICES OR CASTS COULD LEAD TO SERIOUS INJURY OR DEATH, ENVIRONMENTAL DAMAGE OR FINANCIAL LOSS. THE USER RELEASES KP9 Interactive FROM ANY AND ALL LIABILITY FOR USE OF THE SERVICES AND CASTS IN ANY OF THE ACTIVITIES OR ENVIRONMENTS REFERRED TO IN THIS CLAUSE AND SHALL INDEMNIFY AND HOLD HARMLESS KP9 Interactive TOGETHER WITH ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AND AFFILIATES FROM ANY CLAIM ARISING OUT OF THE USER’S USE OF THE SERVICES AND CASTS IN ALL OF THOSE ACTIVTIES AND ENVIRONMENTS.
KP9 Interactive SHALL NOT BE LIABLE TO THE USER WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY OF THE FOLLOWING:
(A) ANY LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR LOSS OF ANTICIPATED SAVINGS;
(B) DEPLETION OF GOODWILL OR INJURY TO REPUTATION;
(C) LOSS OR CORRUPTION OF DATA OR INFORMATION;
(D) LOSSES SUFFERED BY THIRD PARTIES;
(E) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES (INCLUDING EXEMPLARY, MULTIPLE OR PUNITIVE DAMAGES OF ANY KIND);
HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THE USER AGREEMENT AND/OR THE SERVICES AND REGARDLESS OF WHETHER OR NOT SUCH LOSSES WERE FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES AT THE START OF THE USER AGREEMENT OR KP9 Interactive WAS ADVISED OF THE POSSIBILITY OF THE USER SUFFERING THE SAME.
- Although the Services may be accessible worldwide, KP9 Interactive makes no promise that the Services are appropriate or available for use in locations outside Canada, and accessing the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access and use the Services from locations outside Canada, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with the Services is void where prohibited.
- Except as expressly provided otherwise herein, the User Agreement and these TOU may only be amended or varied by a written document that has been signed by the Account Holder and an authorised representative of KP9 Interactive.
- The User Agreement is personal to the parties. The Account Holder may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of the User Agreement without the prior written consent of KP9 Interactive. We may assign all or any of our rights under the User Agreement to another legal entity or business where we reasonably believe your rights will not be adversely affected.
- You agree that the User Agreement, these TOU and the other documents referred to in it constitute the entire agreement between you and KP9 Interactive regarding the Services and their use, and supersede all prior agreements, understandings, communications and proposals (whether oral, written or electronic) with respect to the subject matter of the User Agreement. Each of the parties acknowledges and agrees that in entering into the User Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party hereto or not) relating to the subject matter of the User Agreement, other than as expressly set out in these TOU, or, in the case of Personal Users, incorporated by the Ontario Consumer Protection Act. This provision does not exclude liability for fraud or fraudulent misrepresentation.
- KP9 Interactive shall not be responsible for any breach of the User Agreement caused by circumstances beyond our reasonable control, including any act of God, terrorism, failures or delays in transportation or communications, strikes, labour disturbances or slowdowns, or any act or failure by a User or their employees, agents, or contractors.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, the exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
- If you breach the User Agreement and KP9 Interactive chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the User Agreement.
- No agency, partnership, joint venture, or employment relationship is created as a result of the User Agreement and neither party has any authority to act in the name or on behalf of or otherwise to bind the other in any respect (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- If any provision or part of a provision is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these TOU and not affect the validity and enforceability of any remaining provisions.
- The User Agreement does not confer any rights on any person or party other than KP9 Interactive and the Account Holder and, where applicable, their successors and permitted assigns.
- Any notice KP9 Interactive is required or permitted to give under these TOU may either be sent to you by email or posted on the PrintCAST Website. You may send notices to us by email or by post using our addresses listed in below. An email will be deemed received on the date of successful transmission and any notice sent to us by post will be deemed received when we actually received it at our offices.
APPLICABLE LAW AND JURISDICTION
- Notwithstanding any conflicts of laws principles, these TOU, the User Agreement and all other aspects of the relationship between you and KP9 Interactive (including any non-contractual disputes or claims) shall be governed by and construed in all respects with the laws of Canada regardless of your country of origin.
- We will try to resolve any disagreements arising out of or related to these TOU, the User Agreement or the Services (a “Dispute”) quickly and efficiently. If you are not happy with the way we deal with any Dispute (including any non-contractual dispute or claim) and you want to take legal action or court proceedings in respect of the Dispute, you must do so exclusively within Canada. Notwithstanding this clause, you agree that KP9 Interactive shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal action) in any jurisdiction where you reside or have assets.
- These TOU constitute the entire agreement between you and us regarding PrintCAST and supersede any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
OUR CONTACT DETAILS
- The Services are owned and operated by KP9 Interactive, a company incorporated and registered in Ontario with company number 10546950 Canada Inc. The Company’s registered office address is 748 2nd Ave East, Owen Sound, ON, Canada, N4K 2G9.
- If you have any queries or complaints concerning the Services, or if you wish to report a complaint or any violation of these TOU please send an email to: email@example.com