Last revised: Nov 12, 2010.
The Kizby Service or the Service is the on-line service operated by Manumitting Technologies, including the Kizby Website and associated software products.
The Kizby Website is the website and affiliated websites hosted at kizby.com.
You means a customer of the Kizby Service and/or visitor of the Kizby Website.
Account means your Kizby account, including user name and password information.
Affiliates refers to the our affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes all parties involved in creating, producing, and/or delivering the Kizby Service.
You may only use the Kizby Service (a) for lawful purposes, (b) in accordance with this Agreement and any operating rules established by Manumitting Technologies. You may not restrict or inhibit any other person from using or enjoying the Kizby Service. You will not use the Kizby Service in jurisdictions where prohibited by applicable law.
You may use the Kizby Service as an individual and are prohibited from sharing your user account and login information with any other individual.
Should you be found in violation of this specific policy, Manumitting Technologies reserves the right to invoice you for unauthorized use of the Kizby Service for the cost of the subscription plan which is applicable to your actual use of the Kizby Service.
Manumitting Technologies may, at any time, change or discontinue any aspect or feature of the Kizby Service, including content, subscription plans and features, pricing, hours of availability, equipment or the software needed for access or use. Kizby may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
The Service may provide features that allow you to post messages and content, to interact with us and other users and to upload files, documents, URLs or other materials (collectively, Submissions). When using any of the features of the Service which allow you to post, upload or make Submissions, it is a condition of your use of the Service that you observe the rules of netiquette and that you do not:
By posting or uploading Submissions to the Service, you grant us a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sub-licence to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) agree to waive all moral rights in any Submission in our favour; (ii) consent to your Personal Profile Information appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that we are not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Service will be considered non-confidential.
Either Manumitting Technologies, or any third-party provider of information, may review Submissions before they are posted, and may refuse to post any Submission to the Service. Furthermore, Manumitting Technologies and any third-party provider of information reserve the right, in our sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable.
Neither Manumitting Technologies, nor any third-party provider of information, are not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Manumitting Technologies, or respective author(s), or publisher(s). While we are under no obligation to investigate any complaint regarding any Submission, Manumitting Technologies and any third-party provider of information may, in our sole discretion, investigate complaints and take any actions we deem appropriate in the circumstances, including, without limitation, removing the offending communication from the Service and terminating the submitting party's right to access and use the Service (or any portion thereof).
The Kizby Service contains copyrighted material, trademarks and other proprietary information. Without limiting the scope of Manumitting Technologies' intellectual property rights, you acknowledge that Manumitting Technologies and/or its licensors own intellectual property rights in (i) the content included within the publications; (ii) the Kizby Service, the content contained within it; (iii) the selection, coordination, and arrangement of the Kizby Website and the publications contained within it; and (iv) the trademarks used in connection with the Service. Publications available with the Service are for your personal use with the Kizby only and may not be modified, reverse engineered, redistributed, sold, publicly displayed, licensed, rented, or otherwise provided to a third party or commercially exploited. We do not grant you any licenses express or implied, to the intellectual property of Kizby or our partners except as expressly authorized in this Agreement.
We make no guarantee that you will be entitled to any refund for subscription purchases. A pro-rata refund of the unused portion of a current subscription may be granted at our discretion.
Subscriptions purchased to the Kizby Service are auto-renewed at the end of the subscription term. However, you may cancel your subscription at any time. In case of cancellation no refund is granted for the unused portion of the cancelled subscription.
Manumitting Technologies shows prices in Canadian dollars. When you purchase a subscription plan to the Kizby service, Manumitting Technologies will charge you a price in Canadian dollars. If your bank or a credit card company converts Canadian dollars to your local currency, the resulting price may fluctuate depending on the changes in the conversion rate. Your credit card company may charge you a fee for this service. Manumitting Technologies is not responsible for any fees that your bank or credit card company charges for performing currency conversion, conversion rate or changes in the conversion rate.
Manumitting Technologies may attempt to show approximations for its prices in your local currency. These approximations are for informational purposes only. Manumitting Technologies is not responsible for any discrepancies between the approximations shown and the prices actually charged to your credit card.
(A) THE KIZBY SERVICE IS PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NONINTERFERENCE, ACCURACY OF DATA, ACCURACY OF TRANSLATION, AVAILABILITY, TIMING, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(B) WITHOUT LIMITING THE FOREGOING, NEITHER MANUMITTING TECHNOLOGIES NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT THE KIZBY SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE KIZBY SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH THE KIZBY SERVICE. YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY, TYPICALLY THROUGH A THIRD PARTY INTERNET SERVICE PROVIDER. MANUMITTING TECHNOLOGIES IS NOT RESPONSIBLE FOR ISSUING REFUNDS BASED ON YOUR INABILITY TO CONNECT TO KIZBY SITE OR USE THE SERVICES.
IN NO EVENT WILL MANUMITTING TECHNOLOGIES OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE KIZBY SERVICE. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE KIZBY SERVICE; AND (II) MANUMITTING TECHNOLOGIES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING MANUMITTING TECHNOLOGIES LICENSORS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Manumitting Technologies, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use or inability to use of the Kizby Service. You agree to fully cooperate as reasonably required in the defense of any such claim.
We have the right, but not the obligation, to monitor the Kizby Service (i) to determine compliance with this Agreement and any operating rules established by Manumitting Technologies; and (ii) to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of Manumitting Technologies licensors' obligations.
Either Manumitting Technologies or you may terminate this Agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your Account in the event that you breach this Agreement. If your Account is terminated, you are and will remain responsible for all charges incurred up to the time of the termination. The provisions of Section 1 and Sections 4–12 shall survive termination of this Agreement.
This Agreement and any operating rules for the Kizby Service established by Manumitting Technologies constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Province of Ontario, Canada without regard to its conflict of laws rules. For any suit, action or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive venue of the Canadian Court, Province of Ontario in the city of Guelph. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.