Before you begin using Wayontec Services, you must read and agree to these Terms of Services ("Terms of Services") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
* Wayontec Terms of Services - Wayontec's general terms and conditions
Although we may attempt to notify you when major changes are made to these Wayontec Terms of Services, you should periodically review the most up-to-date version at https://www.wayontec.com/?np=10
1. Description of Services. Wayontec is a software publisher with a focus on online communications and security (the "Services"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Services is provided to you on an AS IS and AS AVAILABLE basis. Wayontec disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any other client software. Wayontec also reserves the right to modify, suspend or discontinue the Services with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Services. Wayontec reserves the right to refuse Services to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of the Services, for any communications you make, and for any consequences thereof. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Canada export control laws.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state, provincial and federal penalties and other legal consequences. Wayontec reserves the right, but shall have no obligation, to investigate your use of the Services in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Wayontec does not monitor the content added and exchanged through wayontec.com's services by its users, and takes no responsibility for such content. Instead, Wayontec merely provides access to such content as a Services to you.
Wayontec Services may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, words and/or links that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using wayontec.com.
Wayontec does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Services or endorse any opinions expressed via the Services. You acknowledge that any reliance on material posted via the Services will be at your own risk.
4. General Practices Regarding Use and Storage. You agree that Wayontec has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Wayontec retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of the Services. Wayontec takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Wayontec have any obligation to monitor such third-party content. Wayontec reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. Wayontec also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Wayontec, its users and the public. Wayontec will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights. Wayontec's Intellectual Property Rights. You acknowledge that Wayontec owns all right, title and interest in and to the Services, including all intellectual property rights (the "Wayontec Rights"). Wayontec Rights are protected by Canada and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services. As described immediately below, Wayontec Rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services.
Your Intellectual Property Rights. Wayontec claims no ownership or control over any Content submitted, posted or displayed by you on or through Wayontec Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Wayontec Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Wayontec Services which are intended to be available to the members of the public, you grant Wayontec a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Wayontec Services for the purpose of displaying and distributing Wayontec Services. Wayontec furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through the Wayontec Services under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using Wayontec Services tools to do so. For avoidance of doubt, Wayontec is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Wayontec may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
7. No Resale of the Services. Unless expressly authorized in writing by Wayontec, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Services, (b) use of the Services, or (c) access to the Services.
8. Publicity. Any use of Wayontec's trade names, trademarks, Services marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Wayontec", "Wayontec.com" without having express written permission from Wayontec is prohibited, and any existing permissions must be in compliance with the most up-to-date version of this Agreement.
9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Wayontec to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension. Wayontec may, in its sole discretion, at any time and for any reason, terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Services (including the section regarding limitation of liability), shall survive expiration or termination.
11. Indemnification. You agree to hold harmless and indemnify Wayontec, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Wayontec will provide you with written notice of such claim, suit or action.
12. Entire Agreement. This Agreement constitutes the entire agreement between you and Wayontec and governs your use of the Services, superseding any prior agreements between you and Wayontec. You also may be subject to additional terms and conditions that may apply when you use, download or purchase certain other Wayontec Services, Wayontec Software, affiliate Services, third-party content or third-party software.
13. Waiver and Severability of Terms. The failure of Wayontec to exercise or enforce any right or provision of the Terms of Services shall not constitute a waiver of such right or provision. If any provision of the Terms of Services is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Services remain in full force and effect.
14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Wayontec Services or the Terms of Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Choice of Law; Jurisdiction; Forum. These Terms of Services will be governed by and construed in accordance with the laws of the Province of Alberta, without giving effect to its conflict of laws provisions or your actual province, state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services will be brought solely in Calgary, Alberta, Canada, and you consent to the jurisdiction of such courts.
16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Services, please refer to https://www.wayontec.com/?np=2
for information on how to file or respond to a notice of infringement.