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POLICY
You acknowledge
that by providing you with the ability to distribute
your Content, the Service is acting as a passive
conduit for such distribution and Battlex.ca is
not undertaking any obligation or liability relating
to any Content or activities of its Members. Battlex.ca
cannot prevent Members from placing prohibited content
on the Service. Furthermore, Battlex.ca may elect
at its sole discretion to monitor some, all, or
no areas of the Service for adherence to these terms
of service or other terms and conditions that may
be published by Battlex.ca from time to time. Upon
notification of inappropriate material, Battlex.ca
reserves the right, but not the responsibility to
remove the Content from the Service. Battlex.ca
further reserves the right to stop a member from
accessing the Service upon receipt of complaints
about the member's contributions and participation
on the Service.
You hereby grant
to Battlex.ca a non-exclusive, worldwide, perpetual
fully paid-up license to use, reproduce, modify,
adapt, publish, translate, create derivative works
from, distribute, perform, transmit and display
such Content (in whole or part) and/or to incorporate
it in other works in any form, media, or technology
now known or later developed for the full term of
any Rights that may exist in such Content.
Software files,
text, sounds or other information (collectively,
"Content") transmitted, posted, linked
or uploaded on or through the Service by Members
may not be abusive, defamatory, obscene, fraudulent,
in violation of applicable laws, or otherwise offensive
to other Members, and must comply with Battlex.ca's
Netiquette Rules.
By transmitting,
posting, linking or uploading Content to any part
of the Service, you represent and warrant that neither
your content nor any parts thereof infringe upon
the copyright or any other statutory or common-law
intellectual property rights (including without
limitation trademark, service mark, and trade name
rights), proprietary rights (including without limitation
trade secrets), or rights of privacy or publicity
of any third party. Battlex.ca will not be liable
for any infringement and not limited to any actions
taken by Members.
You and any
person who have access to the Service must evaluate,
and bear the risk associated with, the accuracy,
completeness or usefulness of any Content posted
by you to the Service. Battlex.ca does not pre-screen
Content as a matter of policy, but Battlex.ca reserves
the right, but not the responsibility, to remove
Content which is deemed in Battlex.ca's sole discretion
harmful, offensive, inaccurate or otherwise in violation
of the Terms of Service or any rules or policies
Battlex.ca has in place at the time.
Battlex.ca may
terminate your access to the Service at any time
for any reason. Once your access to the Service
is terminated, you cannot engage in the Service
in any manner or for any reason without the express
written consent of Battlex.ca, and you cannot assist
in enabling a terminated member access to the Service
via your Account.
COPYRIGHT
REGULATIONS
Everything you
see or read on the Service is owned by us or used
with permission. You may not copy, use, or retransmit
anything for the Service without our express written
permission. Furthermore, you are not allowed to
post or distribute any material you do not own or
which you do not have permission to use. Violation
of this policy may result in copyright, trademark,
or other intellectual property rights violation
and subject you to civil or criminal penalties.
Battlex.ca respects
the intellectual property of others, and we ask
you to do the same. Battlex.ca is in compliance
with the Digital Millennium Copyright Act. In order
to protect the intellectual property of people from
misuse we ask you to help us. If you believe that
your work has been copied in a way that constitutes
copyright infringement and is accessible on the
Service, please provide Battlex.ca's Copyright Agent
the following information:
1.
An electronic
or physical signature of the owner of the copyright
or of the person authorized to act on behalf of
the owner of the copyright interest.
2.
A description
of the copyrighted work that you claim has been
infringed including the URL (i.e., Internet address)
or other specific location on the Service where
the material that you claim is infringing is located,
including enough information to allow us to locate
the material and why you believe an infringement
has taken place.
3.
A description
of the location where the original or an authorized
copy of the copyrighted work exists, for example
the URL (i.e., Internet address) where it is posted
or the name of the book in which it has been published.
4.
Your address,
telephone number, and email address.
5.
A statement
by you that you have a good faith belief that the
disputed use is not authorized by the copyright
owner, its agent, or the law.
6.
A statement by you made under penalty of perjury,
that the information in your Notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Battlex.ca's
Copyright Agent for Notice of claims of copyright
infringement can be reached as follows:
Copyright
Agent
c/o Battlex.ca
110 ironside cres
Scarborough, Ontario m1x1m2
By email: copyrighthelp@battlex.ca
GENERAL
These Terms
of Service constitute the entire understanding of
you and Battlex.ca with respect to the subject matter
hereof. There are no understandings, agreements,
conditions or representations, oral or written,
express or implied, with reference to the subject
matter hereof that are not merged herein, expressly
referenced herein, or superseded hereby.
Nothing contained
in these Terms of Service shall be construed as
creating any agency, partnership, joint venture
or other form of joint enterprise between you and
Battlex.ca.
The provisions
of these Terms of Service are independent of each
other and the invalidity of any provision or a portion
thereof shall not affect the validity or enforceability
of any other provision. In the event that any particular
provision is found to be invalid or unenforceable,
such provision shall be deemed to have been replaced
with a valid and enforceable provision that approximates
as closely as possible the intent of you and Battlex.ca
as reflected in the original provision.
Any delay or
failure on the part of Battlex.ca to enforce any
rights hereunder to which it may be entitled shall
not be construed as a waiver of the right and privilege
to do so at any subsequent time.
You indemnify
and hold harmless Battlex.ca, and the officers,
directors, employees, partners, principals, agents
and representatives of Battlex.ca, from, against
and in respect of any and all demands, claims, actions
or causes of action, liabilities, losses, and expenses,
including reasonable attorneys' fees, arising out
of or relating to any breach by you of any covenant,
representation or warranty made pursuant to these
Terms of Service.
All provisions
which must survive in order to give effect to their
meaning, shall survive any expiration or termination
of these Terms of Service, including without limitation
all of your representations, warranties and indemnification
obligations.
The Terms of
Service shall be governed by and construed in accordance
with the federal laws of Canada, without regard
to conflict of laws principles. You and Battlex.ca
consent to the exclusive jurisdiction and venue
of Canada and federal courts located in Toronto
for resolution of any and all disputes arising out
of or related to the Terms of Service.
PRIVACY
BattleX Inc.
("Battlex.ca") believes that communities
can only truly be built through interaction and
participation among community Members based on trust,
privacy and freedom of expression.
Battlex.ca wants
all Members to have the freedom to express themselves,
however at the same time, Battlex.ca wants all Members
to feel secure.
The following
Privacy Policy demonstrates our intent and commitment
to protect Members' rights online.
A.
Profile information
will be used to create personalized content, service,
and advertise on the Service. Battlex.ca may also
use your profile to generate aggregate reports and
market research.
B.
All profile
data stored by the Service has been entered solely
by the respective member.
C.
Members can
modify registration data associated with their account,
and can control selected private information from
being disclosed on their member page.
D.
Communication
transcripts of online chats are not retained except
for scheduled chat sessions.
E.
E-mail communications
are only accessible by the designated recipients,
except that Battlex.ca personnel involved in maintenance
of the system may have access to the Service mail
communications.
Personally identifying
information, or personal information, includes your
name, home or other address (like the school you
attend), email address, or any other information
that tells another person who you are. When you
register as a Member, we ask for some personal information
such as your email address.
Our policy regarding
this information is simple: Except as provided in
this statement, Battle X Inc. may use this information
to send you offers and information we think you
would be interested in from Battle X Inc. and it's
partners but not without your explicit permission.
Battle X Inc. will also give you an opportunity
to opt out of this service at any time. We make
an effort to include a link to this Privacy Policy
wherever we ask you for personal information.
We also collect
other information at registration such as your birthday,
city where you live, hobbies, and interests. This
information cannot be used to identify you. We place
this information in your Battlex.ca profile, which
is publicly available so that other Members who
share your interests can connect with you.
Some of our
services, such as email are offered in conjunction
with partner companies. In order to provide these
services, we must disclose certain information to
our partners including your Username and email address.
Our content partners may also ask you for some additional
personal information. Our partners are all upstanding
companies that will treat your personal information
responsibly. But, since we don't own these companies,
we can't speak for them on privacy issues.
Other companies
also may sponsor promotions, contests and sweepstakes
running on the Service. These companies may choose
to collect personal information from you. If you
don't want your information collected by these sponsors,
you can decide not to participate in the promotion,
contest or sweepstakes. You should be aware that
our advertisers or Web sites that have links on
the Service may collect personally identifiable
information about you. This privacy statement does
not address the information practices of those Web
sites or advertisers.
One last thing
to keep in mind: Whenever you voluntarily disclose
personal information on forums, through email, or
in chat areas, that information can be collected
and used by others. If you post personal information
in public places, others may send you unsolicited
email messages. Always be smart about the information
you provide online.
Finally, we
may disclose Member information when we are required
to by law, or when have reason to believe that someone
is causing injury to or interference with our rights
or property, other Service Members, or anyone else
that could be harmed by such activities.
Your Member
profile is password-protected so that you and only
you have access to this information. In order to
maintain this protection, do not give your password
to anyone. Also, we recommend that, if you share
your computer with other people, you sign out of
your Account and close your browser window when
you are done. Signing off will protect your information
if you share a computer with someone else or are
using a computer in a public place like a library.
We make every
effort to ensure that your information is secure
on our system. Unfortunately, no data transmission
over the Internet can be guaranteed to be 100% secure.
As a result, we cannot guarantee the security of
any information you transmit to us, and you do so
at your own risk.
FEES
AND COSTS
You are responsible
for paying any applicable taxes and for all hardware,
software, service and other costs you may incur
in connection with the Service, including costs
incurred in connecting to the Service via the Internet.
Battlex.ca reserves the right, at any time, to charge
fees for access to the Service, and will notify
you of any such fees by posting information regarding
such fees on the Service. Our fees is $20 CAD for
one year of service. Battle X Inc (Battlex.ca) will
not be held responsible if the services are terminated
during the course of your membership.
POINTS
SYSTEM
Battlex.ca game
points are not in any form of a currency. Simply
speaking, game points are not money. Battle X Inc.
(Battlex.ca) tries to maintain and accurate and
precise points system in our data base. However,
we are not liable for any discrepancies which may
arise in any way during the course of your membership.
Battlex.ca will not change or adjust your scoring.
However, Battlex.ca may adjust your scoring only
under special circumstance; Battle X Inc. will review
your problem(s) and try to resolve it as best as
we can and our decision(s) is final. If you encounter
any technical difficulties or scoring problems,
please contact memberservices@battlex.ca Anyone
who attempts to adjust or modify the scoring system
will be considered as fraudulent and is subject
to penalty under the Criminal act of their jurisdictions.
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