EKKEKO® SOFTWARE LICENCE AGREEMENT AND USER AGREEMENT
We (Ekkeko Groovy Industries Ltd.) may amend these terms and conditions at any time by forwarding the revised terms and conditions to the e-mail address in your user profile. If you do not agree with any revised terms and conditions, you must erase all EKKEKO® Software in your possession and cease using the EKKEKO® Service within thirty (30) days otherwise you will be deemed to have accepted the revised terms and conditions.
1. EKKEKO® SOFTWARE LICENSE
2. RESTRICTIONS ON SOFTWARE
LICENSE
3. ELIGIBILITY FOR USE OF EKKEKO®
SOFTWARE AND SERVICE
4. WHAT IS EKKEKO®?
5. RESTRICTIONS ON USE
6. PRIVACY AND PERSONAL INFORMATION
7. TERM AND TERMINATION
8. NO WARRANTY
9. LIMITATION OF LIABILITY
10. INDEMNIFICATION
11. TRADE-MARKS
12. APPLICABLE LAW AND JURISDICTION
13. GENERAL
Provided you comply with all the terms and conditions herein, we grant
you a personal, non-exclusive, non-transferable and non-assignable license
to make a copy and make personal use of the EKKEKO Software. 
2. RESTRICTIONS ON SOFTWARE LICENSE
You may not sell, distribute, pledge, loan or sublicense the EKKEKO®
Software or resell the use of the EKKEKO® Software. If someone you
know would like to obtain a copy of the EKKEKO® Software, please
direct them to our website located at http://www.ekkeko.com
and we will be pleased to furnish them a copy provided they agree to the
terms of this Agreement. The EKKEKO® Software remains at all times
our sole and exclusive property. You may not modify the EKKEKO®
Software nor alter any markings indicating our right of ownership, nor
decompile, disassemble or undertake any form of reverse engineering process
on the EKKEKO® Software nor provide assistance to any effort of
a third party to do so.
3. ELIGIBILITY FOR USE OF EKKEKO® SOFTWARE AND SERVICE
You must be capable to form legally binding contracts under applicable
law to use the EKKEKO® Software and Service. If you do not qualify,
please do not download EKKEKO® Software and use the related services.
We provide software that enables you to create advertisements that reside
on your computer. We operate a central index by category to enable users
to view your advertisement by communicating with your computer and likewise
enable you to view the advertisements of others by visiting their own
computers. We do not review the content of advertisements before they
are made accessible by each authorised user. Our computers only receive
the summary information required to index the advertisement. We do not
receive copies of advertisements when they are made accessible by each
authorised user or at any time thereafter. All authorised users are personally
responsible for ensuring that their advertisements and any dealings resulting
from these transactions comply with all applicable laws and with all restrictions
set out in this Agreement. We are not involved in any way in the creation
of advertisements or in any dealings resulting from these advertisements
and have no control over the truthfulness, accuracy, or legality of advertisements
or the quality, safety, fitness, sufficiency or legality of any goods
or services advertised therein. Likewise, we have no control over the
completion of any sale as well as the legal capacity or solvency of either
party in dealings resulting from any advertisements. You may be dealing
with underage persons or individuals acting under false pretence. You
may find other users’ advertisements offensive, harmful, inaccurate
or deceptive. Please exercise caution when viewing advertisements and
when transacting with other users. Users may be located anywhere in the
world. We urge users faced with illegal behaviour on the part of other
users to contact appropriate local, state, provincial or federal authorities
to file a complaint.
You agree not to use the EKKEKO® Software and Services to:
5.1 carry on fraudulent activities;
5.2 sell counterfeit or stolen items, or items that you do no legally
own;
5.3 communicate misleading, inaccurate or false information concerning
goods and services;
5.4 communicate material that is harmful, harassing, trade libelous, defamatory,
obscene, hateful, vulgar or threatening;
5.5 misrepresent your identity or otherwise disguise your identity for
purposes of deceiving other users;
5.6 infringe another person’s copyright, patent, trade-mark, trade
secret or other intellectual property right or advertise, loan or sell
goods or services that infringe any of these rights;
5.7 infringe on another person’s right of publicity or right of
privacy;
5.8 communicate any child pornography;
5.9 disseminate viruses, worms, time bombs, trojan horses or other computer
code that may damage, disable, prevent access to interfere with any computer
systems;
5.10 take any steps to disable, corrupt, attack, infiltrate, interfere,
erase or deny service to the computer systems of other users or to our
own systems;
5.11 compile the personal information of other users other than to carry
out transactions in goods and services advertised by other users;
5.12 compile, reproduce or distribute any data obtained through the use
of EKKEKO® Software other than for your personal use for purposes
of transacting in goods and services advertised by other users;
5.13 carry out any acts contrary to applicable laws and regulations as
well as acts contrary to your own contractual undertakings towards third
parties;
5.14 communicate, sell, exchange or otherwise deal in personal information
contrary to applicable laws.
DO NOT USE EKKEKO® SOFTWARE AND SERVICES TO SELL, EXCHANGE, COMMUNICATE
OR OTHERWISE DEAL IN INFRINGING COPIES OF COPYRIGHTED WORKS. EACH USER
IS RESPONSIBLE FOR HIS BEHAVIOUR. COMMITTING COPYRIGHT INFRINGEMENT MAY
LEAD TO CIVIL AND CRIMINAL LIABILITY INCLUDING FINES AND JAIL SENTENCES.
6. PRIVACY AND PERSONAL INFORMATION
When preparing an advertisement, you will be prompted to provide contact
information. This contact information will be included in the advertisement
and transmitted to any user viewing it. You may halt the transmission
of this contact information by suppressing the advertisement. Be aware
that copies of the advertisement that have already been transmitted to
users will not be suppressed at that time but will continue to reside
on their computers until each of them chooses to delete the advertisement.
Contact information that you save in your EKKEKO® user profile will
be communicated to our server. We may use this information to measure
the effectiveness and popularity of our service with respect to various
geographic or demographic groups. You may change or correct this information
at any time by modifying your user profile. If you object to the transmission
of your personal information in this manner, please do not enter any contact
information when using the EKKEKO® Software and Service. Only your
user name and e-mail address is required information. We will use and
communicate to third parties your user name solely for purposes of indexing
your advertisements on our server. We will use your e-mail address for
purposes of ascertaining your identity in conjunction with your user name
and password, communicating with you to inform you of any changes in the
EKKEKO® Software and Service and information on its features and
mode of operation. We may use your e-mail address to communicate information
and special offers from associated companies or provide your e-mail address
so that they may communicate directly with you for such purposes. However,
prior to such use you will be instructed on how to opt out of such communications
in a message sent to the e-mail address in your user profile. We do not
monitor your use of the EKKEKO® Software and Service. We may compile,
distribute, sell or lease to third parties aggregate information concerning
the index keys posted on our server but none of this information will
relate to any single or identifiable user. Any aggregate information will
not include user names. Our servers are located at the following address:
1080 Beaver Hall, Montreal, Quebec, Canada. If you have any queries concerning
privacy and personal information please communicate with us at the following
e-mail address: privacy@ekkeko.com.
We will endeavour to respond when reasonably possible.
This Agreement and your right to use the EKKEKO® Software and
Service will continue until such time as it is terminated by us. We may
give notice of termination at any time at our sole discretion, including
without limitation for breach of the terms of this Agreement by sending
notice to you using the e-mail address in your user profile.
WE AS WELL AS OUR EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE THE EKKEKO® SOFTWARE AND SERVICE “AS IS” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, PERFORMANCE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT EXTEND ANY FORM OF WARRANTY TO ANY GOODS OR SERVICES ADVERTISED THROUGH THE USE OF THE EKKEKO® SOFTWARE AND SERVICE.
ANY DATA DOWNLOAD USING THE EKKEKO® SOFTWARE AND SERVICE IS DONE
AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE CAUSED TO YOUR EQUIPMENT, SOFTWARE AND DATA.
YOU AGREE THAT IN NO EVENT SHALL WE, AS WELL AS OUR EMPLOYEES, AGENTS
AND SUPPLIERS, BE LIABLE WHETHER IN CONTRACT, TORT OR CIVIL LIABILITY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, CONSEQUENTIAL
OR EXEMPLARY DAMAGES ARISING OUT OF THE TOTAL OR PARTIAL FAILURE OF THE
EKKEKO® SOFTWARE AND SERVICE, THE LOSS OF PROGRAMS, DATA OR THIRD
PARTY SERVICES, DAMAGE YOUR EQUIPMENT, UNAUTHORISED ACCESS TO YOUR SYSTEM
OR TRANSMISSIONS, ADVERTISEMENTS RECEIVED FROM OTHER USERS OR DEALINGS
WITH OTHER USERS. IN NO EVENT SHALL OUR LIABILITY, AS WELL AS THAT OF
OUR EMPLOYEES, AGENTS AND SUPPLIERS, EXCEED AN AMOUNT OF FIFTY (50) CANADIAN
DOLLARS.
You agree to indemnify and hold us as well as our subsidiaries, affiliates,
employees, agents and suppliers, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party arising out
of your breach of this Agreement or your infringement of the rights of
any third party.
The EKKEKO name and logo are trade-marks owned by Ekkeko Groovy Industries
Ltd.
12. APPLICABLE LAW AND JURISDICTION
This Agreement is governed by the laws applicable in the Province of
Quebec, Canada. Any dispute arising out of or in connection with this
License shall be brought before the competent court in the judicial district
of Montreal, Quebec, Canada, to the exclusion of any other venue.
Our failure to act with respect of a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The provisions of section 2, 5, 6, 8, 9 and 10 of this Agreement will survive its expiration or termination.
Vous pouvez accéder à une version française de
cette entente en activant le lien suivant : http://www.ekkeko.com/termes.htm.
© 2003 Ekkeko Groovy Industries Ltd.
all rights reserved