1. ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS OF USE
1.1 Terms and Conditions - These website terms and conditions of use for the domain alt-cal.com constitute a legal agreement and are entered into, by, and between you and Dream Catcher Technology Ltd. (the "Company," "we," "us," "our"). The following terms and conditions, together with any documents or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through, alt-cal.com (the "Website").
2. MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE WEBSITE
2.1 Modification of Terms and Conditions - We reserve the right, in our sole discretion, to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You should periodically review the terms and conditions in order to be aware of any such modifications. Your continued use of the Website constitutes your acceptance of such modifications.
2.2 Modification of Website - We may change, withdraw, or terminate the information, material, or any service or function provided on this Website and the Website itself at any time in our sole discretion without notice. We are not liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
3. REPORTING AND CONTACT
3.1 Intellectual Property Right Infringement - Should you become aware of any infringement of the intellectual property rights of the Company, its affiliates, or its licensors, you must report such infringement to the Company at AltCalSupport@alt-cal.com.
3.2 Misuse of Website - Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the Company at: AltCalSupport@alt-cal.com.
3.3 Other Communications - All other feedback, comments, requests for technical support, and other communications relating to the Website (collectively, "Feedback") should be directed to: AltCalSupport@alt-cal.com. If you provide us with any Feedback, you:
(a) agree that such Feedback is provided to us on a non-proprietary and non-confidential basis; and
(b) grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive license, with the right to sublicense through multiple levels of sublicensees, to reproduce, modify, perform, display, distribute, disclose, or otherwise use without limitation the Feedback for any purpose and according to your account settings or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any Feedback.
3.4 Notice by E-mail - Both you and the Company may give legal notice by means of e-mail and any such legal notice sent by e-mail is deemed delivered when sent by the sending party. The notice address of the Company is AltCalSupport@alt-cal.com (or such other address that the Company provides to you). Your notice address is the current e-mail address listed by you in your user profile.
4. YOUR USE OF THE WEBSITE AND ACCOUNT SET-UP AND SECURITY
4.1 Access to Website - You are responsible for obtaining your own access to the Website and for the Website's availability and performance. You must ensure that all persons who you knowingly permit to access the Website through your internet connection are aware of and comply with these Terms and Conditions. You are responsible for any security breaches or performance issues relating to your access to the Website.
4.3 Security Information - You must treat any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures as confidential, and you must not disclose such information to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your user name, password, or other personal information. You understand and agree that if you are provided an account, your account is personal to you and you must not provide any other person with access to this Website or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You must also ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
4.4 Term and Termination - These Terms and Conditions continue until such time as either party terminates the agreement. We reserve the right, at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. You may terminate this agreement without cause by deactivating your user account. You understand and agree that the Company has no obligation to retain your User Submissions or other user data, and has the right to delete the same 30 days after termination.
4.5 Prohibited Security Violations - You must not attempt to circumvent or violate the security of this Website including, without limitation:
(a) accessing content and data that is not intended for you;
(b) attempting to breach or breaching the security or authentication measures which are not authorized;
(c) restricting, disrupting, or disabling service to users, hosts, servers or networks;
(d) illicitly reproducing TCP/IP packet header;
(e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website;
(f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
(i) otherwise attempting to interfere with the proper working of the Website.
4.6 Consent to E-mails - As long as you maintain a user account, you consent to, and may not "opt out" of receiving user account-related e-mails from the Company.
5. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
5.1 Copyright and Other Intellectual Property Rights - You understand and agree that the Website and its entire contents, features, services, and functionality including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (collectively, the "Contents"), are owned by the Company, its affiliates, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
5.2 Trademarks - You understand and agree that the Company name Dream Catcher Technology Ltd., the affiliate name Dream Catcher Technology LLC, and ALT CAL®, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company, its affiliates, or licensors. You must not use such marks without the prior written permission of the Company. You understand and agree that other names, logos, product and service names, designs, images, and slogans mentioned or which appear on this Website are the trademarks of their respective owners. You understand and agree that use of any such property, except as expressly authorized, is a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
5.3 Grant of limited license - To the extent that the Company, its affiliates, or its licensors grant you access to the Contents, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Contents. Such license is subject to these Terms and Conditions.
5.4 Permitted Uses of Website and Contents - You must only use the Website and its Contents for your personal and non-commercial use. You must not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or its Contents, in any form or medium whatsoever, except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
(c) where social media features are provided with respect to certain content on the Website, you may take such actions as the Website permits for such features.
5.5 Prohibited Uses of Website and Contents - You must not modify copies of any materials from the Website or its Contents, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or its Contents. You must not access or use for any commercial purposes any part of the Website or its Contents, or any services or materials available through the Website.
Consequences of Breach - If you print, copy, or download any part of the Website or its Contents in breach of these Terms and Conditions, your right to use the Website ceases immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any of its Contents, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws
6. CONDITIONS OF USE AND USER SUBMISSIONS AND WEBSITE CONTENT STANDARDS
6.1 Lawful Use - As a condition of your access and use, you must use the Website only for lawful purposes and in accordance with these Terms and Conditions.
6.2 Content Standards - You agree that the following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, "submit") to the website, other users, or other persons (collectively, "User Submissions") and to any and all Interactive Functions. Without limiting the foregoing, your use of the Website and any User Submissions must not:
(b) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such prohibited ground or be otherwise objectionable;
(c) involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise, or asking for personal information;
(d) involve, provide, or contribute any false, inaccurate, or misleading information;
(e) include intentionally sending, receiving, uploading, downloading, using, or reusing any material that does not comply with the standards set out in these Terms and Conditions;
(f) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
(g) transmit or procure the sending of any advertisements or promotions without our prior written consent, commercial activities or sales, including, without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
[NTD: Confirm whether the scope of this term is appropriate]
(h) include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
(i) advocate, promote, or assist any unlawful act;
(j) disclose private or confidential information of any third party including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, and credit card numbers;
(k) falsely give the impression that they originate from or are endorsed by us or any other person or entity; or
(l) include engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability
7. USER SUBMISSIONS: GRANT OF LICENSE
7.1 Interactive Functions and User Submissions - The Website contains Interactive Functions allowing User Submissions on or through the Website.
7.2 Grant of License to User Submissions - None of the User Submissions you submit to the Website are subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates, and each of our respective licensees, successors, and assigns, the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
7.3 User Submissions Representations and Warranties - By submitting the User Submissions, you represent and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license to the User Submissions to us, our affiliates, and our respective licensees, successors, and assigns to the User Submissions, and to comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Website Content Standards set out in these Terms and Conditions.
7.4 Responsibility for User Submissions - You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and that you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
8. SITE MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION
8.1 Company Rights - The Company has the right, without provision of notice, to:
(a) screen, remove, or refuse to post on the Website any User Submissions for any or no reason in our sole discretion;
(b) take such actions, at all times, with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions and Website Content Standards or Terms and Conditions;
(c) take appropriate legal action, including, without limitation, referral to law enforcement, regulatory authority, or harmed party for any illegal or unauthorized use of the Website;
(d) without limiting the foregoing, fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and
(e) terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
8.2 Waiver of Claims - You waive and hold harmless the company and its affiliates, licensees and service providers from any and all claims resulting from any action taken by the company and any of the foregoing parties relating to any investigations by either the company or such parties or by law enforcement authorities.
8.3 No Responsibility to Monitor - We have no obligation nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you, other users, or third parties submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
9. NO RELIANCE
9.1 Website Content - The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.
9.2 Website Information - Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website.
9.3 Third Party Content - This Website includes content provided by third parties, including from content posted by other users or third party licensors. Such content may include advertisements and promotions. All statements or opinions expressed in any such third party content and all opportunities, goods, or services provided or offered by such third party content (collectively, "Third Party Materials"), other than those provided by the Company, are solely the opinions and the responsibility of the person or entity providing those Third Party Materials. Third Party Materials do not necessarily reflect the opinion, referral, or endorsement of the Company. The Company is not responsible or liable to you or to any third party for the content or accuracy of any Third Party Materials. The Company makes no guarantee, representation, or warranty of any kind as to the quality, fitness, merchantability, non-infringement, competency, value, reliability, responsiveness, accuracy, or completeness of any Third Party Materials or the results obtained therefrom. The Company assumes no responsibility or liability for any Third Party Materials. You assume full responsibility for your use of any Third Party Materials.
11. THIRD PARTY WEBSITES
11.1 Access to Third Party Websites - For your convenience, this Website may provide links or pointers to third party websites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third party websites, and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party websites.
11.2 Sharing of Website Content - Links to third party websites from this Website may include links to certain social media features that enable you to link or transmit, on your own or using certain third party websites, certain limited content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third party websites are subject to any additional terms and conditions we may provide with respect to such features.
11.3 Linking to Website - You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not frame our Website on any other website or create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. You must ensure that the website in which you are linking complies in all respects with the Conditions of Use and User Submissions and Website Content Standards. You must cooperate with us in our efforts to terminate any unauthorized framing or linking. [NTD: Confirm whether broader scope of linking desired.]
12. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
12.1 User Risk - You understand and agree that your use of the website, its content, and any services or items found or obtained through the website is at your own risk. The website, its content, and any services or items found or obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
12.2 No Representations or Warranties - Neither the company nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the website or its contents. Without limiting the foregoing, neither the company nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the website, its content, or any services or items found or obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components.
12.3 Limitation of Liability for Breach of Security - We cannot and do not guarantee, represent, or warrant that files or data available for downloading from the internet or the website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a denial-of-service attack, a distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
12.4 Limitation of General Liability - Under no circumstance will the company, its affiliates or their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, or damages of any kind under any legal theory including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the company or other aforementioned party was allegedly advised or had reason to know of the same, arising out of or in connection with your reliance on, use of, or inability to use, the website, any linked websites or such other third party websites, or any website content, materials, posting or information thereon.
13. GENERAL TERMS
13.1 Indemnification - To the maximum extent permitted by applicable law, you must defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third party websites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.
13.3 Cumulative Remedies - Rights and remedies under these Terms and Conditions are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
13.4 Equitable Remedies - You understand and agree that irreparable damage may occur if you do not perform any provision in these Terms and Conditions in accordance with the terms hereof and that the Company is entitled to seek equitable relief, including injunctive relief or specific performance of the terms in these Terms and Conditions, in addition to any other remedy to which the Company is entitled at law or in equity.
13.5 Governing Law and Jurisdiction - The Website and these Terms and Conditions are governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of British Columbia or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
13.6 Headings - The headings in these Terms and Conditions are inserted for convenience or for reference only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms and Conditions or any provision herein.
13.7 Waiver - No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
13.8 Severability - If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.