Date of Last Revision: December 1, 2009
The GlobalForce Website and Service (collectively, “Community” or “Service”), is a monitized social networking utility that allows Members to reach out and connect with old and new friends and friends-of-friends around the world in a trusted online environment. GlobalForce Websites are designed to provide information about health, wellness, and sustainable lifestyles and to create a global community of like-minded people interested in the covered topics (the “Service”). GlobalForce offers its Service to Free Members who wish to join forces with us to effect positive change and make a difference. Our Members can also opt in and take part in EcoMart’s Affiliate program with payment of a nominal fee. GlobalForce provides its Members and Affiliates (“Users”) with the most advanced cause-driven Social Networking (“Membership”) experience available on the Internet.
OVERVIEWThe GlobalForce Service is operated by GlobalForce Network, Inc. and its subsidiaries (collectively, “us,” “we”, “GlobalForce” or “GFN”). By using or accessing the GlobalForce Website and Service, you agree to be bound by this Agreement (“Terms of Use”), whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” or an “Affiliate” (which means that you have registered on our Websites). The term “User” refers to a Visitor, Member or an Affiliate. By clicking “Join GlobalForce” during the registration process you conclude a legally binding agreement with GlobalForce Network Inc.
Please read this Agreement carefully. If you do not agree to be bound by the Terms or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the GFN Website and discontinue use of GFN Services immediately. We reserve the right, at our sole discretion, to amend portions of these Terms at any time and post such changes on the GFN Website or Service. Your continued use of the GFN Service after any such changes constitutes your acceptance of the new Terms.
If you choose to become an EcoMart Affiliate, you have additional terms and conditions as set forth in the EcoMart Affiliate Agreement and Policies and Procedures. Please review the separate EcoMart Affiliate Agreement and Policies and Procedures.
PRIVACYWe care about the privacy of our users and encourage you to carefully read our full Privacy Policy before deciding to become a User of GFN Services.
Please choose carefully the information you post on or through the GFN Service and that you provide to other Users. Your GFN profile may not include any form of Prohibited Content and Activity as outlined in Sections 6 and 7 below. Despite this prohibition, information, materials, products or services provided by other GFN Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and GFN assumes no responsibility or liability for this material. If you become aware of misuse of the GFN Services by any person, please click on the “Contact GFN” or at the bottom of the GFN Website pages or eMail GFN at abuse@globalforcenetwork.com.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE GLOBALFORCE’S POLICY FOR ACCEPTABLE USE OF SERVICES AND CONTENT AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. SERVICE EligibilityUse of GFN Services and registration to be a Member (“User”) is void where prohibited. By using the GFN Service you represent and warrant that (a) all registration information (“User Data”) you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) you have not previously been suspended or removed from GFN Services; (e) you do not have more than one GFN account at any given time; (f) you are not a direct competitor of GFN; and (g) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. Any registration by, participation in, use of, or access to, the GFN Services or EcoMart Affiliate Program by anyone under 18 years of age is unauthorized, unlicensed and in violation of these Terms of Use. Your profile may be deleted and your User account (“Membership”) may be terminated without warning, if we believe that you are under 18 years of age and you represent yourself as 18 or older.
2. TERM; TerminationThis Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the GFN Services or are a User. You may terminate your GFN Membership at any time, for any reason, by following the instructions on the Profile page. GFN may terminate your account or your access to GFN Services immediately, for any or no reason, with or without prior notice or explanation, and without liability, if GFN believes that you have breached any of the terms of this Agreement, furnished GFN with false or misleading information, or interfered with use of the Website or the Service by others. The following sections will survive any termination of your access and use of the GFN Service: 6, 7, 11, 12, 13, 14, 16, 17, 18, 19, 20, 22 and 25a through 25f.
3. PASSWORDS; Account SecurityIn consideration of your use of the GFN Services, you agree to (a) maintain the security of your password and identification; and (b) be solely responsible for all use of your account and for any actions that take place using your account. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify GFN immediately if you suspect any unauthorized use of your account or access to your password.
4. USE By Members; Free MembershipThe GFN Services are for the personal use of Members and may not be used for any commercial endeavor that is not fully endorsed or authorized by GFN. GFN reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the GFN Services, including commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. GFN reserves the right to take appropriate legal action for any illegal or unauthorized use of the GFN Services.
5. USE By EcoMart Affiliates;Whereas the GFN Services are offered FREE to its Users, GFN monitizes its Services through the sale and marketing of green, eco-friendly, products (EcoMart) via banner advertising and through a pre-authorized EcoMart Affiliate program. Choosing to register as an EcoMart Affiliate and paying a nominal set-up fee GFN provides an enhanced version of the GFN Website and Services including various tools and resources enabling EcoMart Affiliates to build an significant and ethical extra or primary income marketing environmentally sustainable products.
6. PROHIBITED ContentThe following are examples of the kind of Content that is illegal or prohibited to post on or through the GFN Services. GFN reserves the right to investigate and take appropriate legal action against anyone who, in GFN's sole discretion, violates this provision, including without limitation, removing the offending Content from the GFN Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of GFN:
| 6.1 | is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; |
| 6.2 | harasses or advocates harassment of another person; |
| 6.3 | exploits people in a sexual or violent manner; |
| 6.4 | contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; |
| 6.5 | solicits personal information from anyone under 18; |
| 6.6 | publicly posts information that poses or creates a privacy or security risk to any person; |
| 6.7 | constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; |
| 6.8 | promotes an illegal and/or unauthorized (“pirated”) copy of another person’s copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content; |
| 6.9 | involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; |
| 6.10 | contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); |
| 6.11 | contains a virus or other harmful component; |
| 6.12 | solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; |
| 6.13 | involves commercial activities and/or sales without prior written consent from GFN such as contests, sweepstakes, barter, advertising, eBooks, or pyramid schemes; |
| 6.14 | includes a photograph or video of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; |
| 6.15 | promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country. |
The following are examples of the kind of activity that is illegal or prohibited on the GFN Website and through your use of the GFN Services. GFN reserves the right to investigate and take appropriate legal action against anyone who, in GFN’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
| 7.1 | criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets; |
| 7.2 | advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the GFN Services. You may not transmit any chain letters or junk eMail to other Members. In order to protect our Members from such advertising or solicitation, GFN reserves the right to restrict the number of eMails which a Member may send to other Members in any 24-hour period to a number which GFN deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk eMail, instant messages or other unauthorized commercial communications of any kind through the GFN Services, you acknowledge that you will have caused substantial harm to GFN, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GFN USD $50 for each such unsolicited eMail or other unauthorized commercial communication you send through the GFN Services; |
| 7.3 | circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the GFN Services; |
| 7.4 | activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; |
| 7.5 | covering or obscuring the banner advertisements on your personal profile page, or any GFN page via HTML/CSS or any other means; |
| 7.6 | any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages; |
| 7.7 | interfering with, disrupting, or creating an undue burden on the GFN Services or the networks or services connected to the GFN Services; |
| 7.8 | impersonating or attempting to impersonate another Member, person or entity; |
| 7.9 | using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; |
| 7.10 | selling, trading or otherwise transferring your profile or any information therein to another party or charging anyone for access to any portion of GFN Services, or any information therein. |
| 7.11 | using any information obtained from the GFN Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; |
| 7.12 | displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the GFN Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or |
| 7.13 | using the GFN Services in a manner inconsistent with any and all applicable laws and regulations. |
| 7.14 | translating, reverse engineering, decompiling, disassembling, modifying or creating any derivative works based on the material in the GFN Website. |
You, and not GFN, are solely responsible for the “User Content” that you post on or through any of the GFN Services, and any material or information that you transmit to other Members and for your interactions with other Users. “Post” means to upload, post, transmit, share, store, link to or otherwise make available on or through the GFN Service.
GFN does not control the Content posted via the Service, and as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive or objectionable. Under no circumstances will GFN be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, eMailed, transmitted or otherwise made available via the GFN Service.
9. REMOVAL of Posted ContentYou acknowledge that GFN may or may not monitor User Content posted on our Websites, but that GFN shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any or no reason. Without limiting the foregoing, GFN shall have the right to remove any Content that in the sole judgment of GFN violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity; or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact GFN via eMail: abuse@globalforcenetwork.com
10. OWNERSHIP of User Posted ContentGFN does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the GFN Services. After posting your Content to the GFN Services, you continue to retain any all intellectual property rights that you may have in your Content, subject to the limited non-exclusive license contained in the following paragraph, as between GFN and you.
11. LICENSE to Your ContentIn order to be able to offer you the use of the GFN Websites and Services, you are required to grant a license to GFN to use and distribute your Content. This enables GFN to permit other visitors to the site to view and share your Content, and to display your Content in other places within the Websites. Accordingly, by displaying or publishing (“posting”) any Content on or through the GFN Services, you hereby grant to GFN a non-exclusive (meaning you are free to license your Content to anyone else in addition to GFN), fully-paid, royalty-free, perpetual, irrevocable, sub-licensable (so that GFN is able to use its subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the GFN Services), and worldwide (because the Internet and the GFN Services are global in reach) to use, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit and distribute such Content on or through the GFN Services, including without limitation distributing part or all of the GFN Website in any media formats and through any media channels, without any obligation or notification, compensation, attribution or consent.
This limited license does not grant GFN the right to sell or otherwise distribute your Content outside of the GFN Services. After you remove your Content from the GFN Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
You represent, warrant and covenant that:
| (i) | you own the Content posted by you on or through the GFN Services or otherwise have the right to grant the license set forth in this Section 11, and |
| (ii) | the posting of your Content on or through the GFN Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the GFN Services. |
Except for User Content and Third Party Sites/Applications, all Website design, text, graphics, sound, software, videos, other content, the selection and arrangement of such elements (“GFN Content”) and trademarks on the GFN Service are the property of GlobalForce Network Inc., and/or its licensors and are protected by all relevant Canadian, US and International IP laws (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Copyright © 2008-2009. ALL RIGHTS ARE RESERVED.
Without limiting the foregoing, “GlobalForce Network”, “EcoMart”, “Cast A Green Shadow”, the GlobalForce and EcoMart logos, Product names, logos and images, all page headers, custom graphics and button icons are trademarks and/or trade dress of GlobalForce Network, Inc. There may be other trademarks, Product names, company names, logos Service marks, and/or trade dress indicated on the Website that are the property of their respective owners.
Provided you are eligible for use of GFN Services, you are granted permission to the extent necessary to lawfully access and use the available GFN Services, to display the GFN Content and to download (excluding any software code), or print a hard copy of any portion of this Website to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. This permission terminates automatically if you breach any of these terms or conditions, or if your status as an GFN Member is terminated. Upon termination, you must immediately destroy any downloaded or printed materials. You may not, without GFN’s prior written permission, frame or mirror any material contained on this Website on any other server.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, YOU MAY NOT USE, SELL, LICENSE, DISTRIBUTE, COPY, PUBLISH, STREAM, PUBLICLY PERFORM OR DISPLAY, TRANSMIT, REFORMAT, MODIFY, EDIT, FRAME, TRANSLATE, EXCERPT, ADAPT, CREATE DERIVATIVE WORKS OR OTHERWISE MAKE UNAUTHORIZED USE OF THE MATERIALS, CONTENT OR TRADEMARKS IN WHOLE OR IN PART INCLUDING ANY PRINTOUT OF ALL OR PART OF THESE MATERIALS FOR ANY COMMERCIAL USE.
13. INTELLECTUAL Property (IP) Protection; ComplaintsWe respect the IP rights of others and we prohibit users from posting User Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on the GFN Service infringes your IP rights, please visit our Reporting Claims of IP Infringement page. All IP claims can be made through that page, including any copyright claims, which will be handled in accordance with the Digital Millennium Copyright Act. If you are a user whose User Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please visit our Appealing Claims of Copyright Infringement page.
14. SUBMISSIONSYou acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to GFN Service (“Submissions”), are non-confidential and non-proprietary. GFN will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. THIRD Party Sites and Platform DevelopersGFN may include or automatically produce links to third party websites (“Third Party Sites”). GFN is not responsible for and does not endorse any advertising, products or other materials on or available from such websites or resources. GFN may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). If you decide to leave GFN and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the GFN Website or relating to any applications you use or install from the site.
GFN enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by GFN and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).
Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to GFN’s Privacy Policy.
16. USER Disputes; ComplaintsYou are solely responsible for your interactions with other GFN Users. GFN reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users and to terminate your account if GFN determines, in its sole discretion, that doing so is prudent.
17. GOVERNING Law; Venue and JurisdictionBy visiting or using the GFN Website and/or the Service, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GFN or any of our subsidiaries. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the provincial and federal courts of British Columbia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the provincial and federal courts of British Columbia, Canada.
18. ARBITRATIONYOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE GLOBALFORCE WEBSITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE GLOBALFORCE WEBSITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE GLOBALFORCE WEBSITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the Prohibited Activity Rules set forth above or in the Polices and Procedures then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the GFN Website or Service may be arbitrated.
Arbitration under this Agreement shall be conducted by the Canadian Arbitration Association (the “CAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the CAA’s Supplementary Procedures for Consumer Related Disputes ( the “CAA Consumer Rules”) (collectively the “CAA Rules”). The location of the arbitration shall be in Vancouver, British Columbia, Canada and the allocation of costs and fees for such arbitration shall be determined in accordance with such CAA Rules and shall be subject to the limitations provided for in the CAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, GFN will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the GFN Website and/or Service (including your visit to or use of the GFN Website and/or the Service) be instituted more than one (1) year after the cause of action arose.
19. DISCLAIMERSUSE OF THE GLOBALFORCE SERVICE IS AT YOUR OWN RISK. THE GLOBALFORCE SERVICE, GLOBALFORCE WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE GLOBALFORCE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GLOBALFORCE, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, GLOBALFORCE, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE GLOBALFORCE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE GLOBALFORCE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GLOBALFORCE IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE GLOBALFORCE SERVICE (COLLECTIVELY, “THIRD PARTY MATERIALS”). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
20. LIMITATION on LiabilityUNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GLOBALFORCE ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE GLOBALFORCE SERVICE, THE GLOBALFORCE WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE GLOBALFORCE SERVICE, EVEN IF GLOBALFORCE OR A GLOBALFORCE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF GLOBALFORCE ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GLOBALFORCE SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE GLOBALFORCE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO GLOBALFORCE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
21. EXCLUSIONS and LimitationSome countries and jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain countries and jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect limited to the fullest extent permitted by applicable law.
22. INDEMNITYYou agree to indemnify and hold GlobalForce Network Inc., its subsidiaries and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand ( including reasonable attorneys' fees and costs) (“Claim”) made by any third party due to or arising out of your use of the GFN Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the GFN Services causes GFN to be liable to another. GFN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GFN, and you agree to cooperate with GFN's defense of this Claim.
23. INTERNATIONAL UseGFN makes no claim that the information on this Web site is appropriate or may be downloaded legally outside of Canada. Access to the materials on this Website may not be legal by certain persons in certain countries. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with all the applicable laws in your country of residence.
24. ADDITIONAL TermsWe may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions available through our Websites and that will govern any purchases you make through the online stores located on our various Websites. These Additional Terms will be posted on the relevant portions of our Websites or on the portions of our Websites that describe the specific promotions or Content. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
25. GENERAL Termsa) Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
b) Notices: We may notify you via postings on www.globalforcenetwork.com and via eMail or any other communications means to contact information you provide to us. You may also notify us via eMail at legal@globalforcenetwork.com or via mail or courier at GlobalForce Network Inc., Attn: Legal Department, #408 - 1445 West Georgia Street, Vancouver, BC, Canada V6G 2T3; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
c) Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
d) Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.globalforcenetwork.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 2 hereof.
e) No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any GFN subsidiary shall be deemed legally binding on any GFN subsidiary unless documented in a physical writing hand signed by a duly appointed officer of GFN.
f) No Injunctive Relief: 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 Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
g) Miscellaneous: All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from GFN at the eMail address you provide in registering for the GFN Service or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the GFN Website and Service.
Please contact us at: legal@globalforcenetwork.com with any questions regarding this Agreement.
