11. TERMINATION You agree that U2UVISION, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if U2UVISION believes that you have violated or acted inconsistently with the letter or spirit of the SA. U2UVISION may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this SA may be effected without prior notice, and acknowledge and agree that U2UVISION may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that U2UVISION shall not be liable to you or any third party for any termination of your access to the Service for any reason.
12. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because U2UVISION has no control over such sites and resources, you acknowledge and agree that U2UVISION is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that U2UVISION shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. U2UVISION'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by U2UVISION or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. The compilation of the contents of the Service is copyrighted under the Canadian copyright laws. The owner of the copyright is U2UVISION and in some cases a third party. U2UVISION grants you a personal, non-transferable, non-sublicenseable, and non-exclusive right and license to print and download portions of information found on the Service solely for your own non-commercial use. Any other copying, redistribution, retransmission, display or publication of any downloaded information is strictly prohibited without the express written consent of U2UVISION. You agree to grant to U2UVISION a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, and publicly display any Content, including directory listings and other materials or information such as ideas contained therein for new or improved products and services you submit to U2UVISION (such as through posting to public areas or mailing to U2UVISION) by all means and in any media now known or hereafter developed. You also agree to grant to U2UVISION the right to use your name in connection with the submitted Content as well as in connection with all advertising, marketing and promotional material related thereto. You grant U2UVISION non-exclusive, royalty-free, worldwide permission to implement or use in any manner and in any media any ideas or information contained in your communications. You further agree to release U2UVISION from any claims of alleged or actual infringement, or misappropriation of any proprietary rights that may result from such implementation or use.
14. DISPUTE RESOLUTION Any cause of action or claim you may have with respect to the Service must be commenced within six months after the claim or cause of action arises or such claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN NEW YORK, NEW YORK, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. The foregoing notwithstanding, this agreement shall not prevent the parties from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
15. TRADEMARK NOTICES U2UVISION is a trademark and/or service mark of U2UVISION. Other U2UVISION products, services and company names mentioned herein and or applicable web sites may be the trademarks and/or service works of U2UVISION. Other product, service and company names mentioned herein may be the trademarks or service marks of their respective owners.
17. MISCELLANEOUS This Agreement shall all be governed and construed in accordance with the laws of the Province of Ontario applicable to agreements made and to be performed in Ontario. This site is controlled and operated by U2UVISION from its offices within Canada. U2UVISION makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. U2UVISION's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. U2UVISION may assign its rights and duties under this Agreement to any party at any time without notice to you. The section titles in the SA are for convenience only and have no legal or contractual effect.
U2UVISION's Privacy Policy U2UVISION is committed to protecting the personal privacy rights of all our users and consider all personal information as private and confidential. U2UVISION has created this privacy statement in order to demonstrate our firm commitment to privacy. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. The following discloses our information gathering and dissemination practices for all of our current and future user web sites. Information Collected We use your IP address to help diagnose problems with our server, and to administer our Web site. We use cookies to deliver content specific to your interests and to save your password so you don't have to re-enter it each time you visit our site. In addition, our web servers track information about the visits to our web sites. For example, we compile statistics that show the daily number of visitors to our sites, the daily requests we receive for particular files on our web sites, and what countries those requests come from. These aggregated statistics are used internally to better provide services to the public and may also be provided to others, but again, the statistics contain no personal information and cannot be used to gather such information. Our site's registration form requires users to give us contact information (like their name and email address), a unique user name, and demographic information (like their zip code, age group, or income level). We use user contact information from the registration form to send the user information about our company and promotional material from some of our partners. The user's contact information is also used to contact the visitor when necessary and shared with other companies who may want to contact our visitors. Users may opt-out of the sharing of their information with other companies, as well as opt-out of receiving future mailings from us; see the choice/opt-out section below. Demographic and profile data is also collected at our site. We use this data to tailor the visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. Our online surveys ask visitors for contact information (like their email address). We use contact data from our surveys to send the user information about our company and promotional material from some of our partners. The user's contact information is also used to contact the visitor when necessary and shared with other companies who may want to contact our visitors. Users may opt-out of the sharing of their information with other companies, as well as opt-out of receiving future mailings fro m us; see the choice/opt-out section below. We run contests on our site in which we ask visitors for contact information (like their email address). We use contact data from our contests to send users information about our company and promotional material from some of our partners. The user's contact information is also used to contact the visitor when necessary and shared with other companies who may want to contact our visitors. Users may opt-out of the sharing of their information with other companies, as well as opt-out of receiving future mailings from us; see the choice/opt-out section below. We will not disclose user name, addresses, or account information to unaffiliated parties, other than: where the user requests or consents to disclosure, where we are legally required to do so (e.g. in response to a subpoena or fraud investigation), where we have agreed to provide information under negotiated contracts and where the user has been informed about the possibility of sharing information for marketing or other similar purposes through a prior direct communication and the user has been given the reasonable opportunity and time to decline. Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them. Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your personal information. Third Party Advertising We may use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here. In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Site. These pages are known as "Co-Branded Pages" and these companies are known as "Co-Branded Companies." If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company. Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Co-Branded Pages may contain an action tag (also known as a Web Beacon or a 1 pixel .gif file) that a third party may use to read cookies that it, or its clients, may have placed on your browser at other (non-U2UVISION.com) web sites before your visit to U2UVISION.com. This technology is used to measure the effectiveness of advertisements on such other Websites that promote Co-Branded Pages. Further such other third parties may use the information collected through this technology to learn more about your visits to this Site and other Websites in order to provide advertisements about goods and services of interest to you. Third Party Cookies In the course of serving advertisements to this site, our third-party advertiser or Co-Branded Companies may place or recognize a unique "cookie" on your browser. Other Sites On the Site, we place links to other Websites operated by other parties. Some of these other Websites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other Websites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other Websites or these other Websites¡¯ business practices, and that this privacy policy does not apply to these other Websites. Consequently, the operators of these other Websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions. U2UVISION is not responsible for the privacy practices or the content of such Web sites. How We Use Your Financial Information We use your financial information to check your qualifications, to bill you for products and services and to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information, on the Site, you consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for, products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Additionally, if the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your financial information with the associated Co-Branded Company. Any of these various third parties (including Co-Branded Companies) may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your financial information. Special Cases In Which Share Personal and Financial Information Your personal information or financial information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information or financial information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of U2UVISION.com or other visitors to the Site. We also may disclose your personal information or financial information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. Whenever personal information or financial information is disclosed under this paragraph, we may also disclose your demographic information along with it, on a non-anonymous basis. All of our parent, subsidiary and affiliated legal entities and businesses that receive your personal information, financial information, or non-anonymous demographic information from us will comply with the terms of this privacy policy with respect to their use and disclosure of such information. How We Use Public Information and Other Demographic Information We may review all demographic information. We may use demographic information to tailor the Site and communications to your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertiser’s goods and services will appeal to U2UVISION.com’s users, so that we may target specific ads at specific demographic groups. Our sharing of demographic information with advertisers is anonymous (i.e., we do not tell advertisers which particular U2UVISION.com users are users of which demographic groups), subject to the rest of this privacy policy. When you respond to an advertisement, however, we ask you to reuser that if that ad that is targeted to a demographic group and you decide to give the advertiser your personal information, then the advertiser may be able to identify you as being a user of that demographic group. Please also be aware that when we disclose your financial information or personal information to a Co-Branded Company, as described above, we may also disclose to that Co-Branded Company your demographic information. Please also be aware that we may disclose your demographic information on a non-anonymous basis as described above in the paragraph titled "Special Cases in which we Share Personal and Financial Information." Public Forums This site makes chat rooms, forums, message boards, and/or news groups available to its users. These features require users to register with the site, and enter their personal user names and passwords before entering those areas. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Security To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Children's Guidelines Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our web site from those we actually know are under 13, and no part of our Webster is structured to attract anyone under 13. Choice/Opt-Out Our site provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. Users may opt-out of the sharing of their information with other companies, as well as opt-out of receiving future mailings from us. This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service. You can send email to unsubscribe@U2UVISION.com Changing our Privacy Policy for Previously Gathered Information If at any point we decide to use particular personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or by providing 30 days notice on the Site. Please note that we will continue to have the right to change our privacy policy and practices, and how we use your personally identifiable information, without notice, as described in the first paragraph of this Privacy Policy, provided that such changes shall only apply to information gathered on or after the date of the change. Correct/Update This site gives users the following options for changing and modifying information previously provided. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. Visit http://www.U2UVISION.com/forms/signup.php. Contacting Us U2UVISION believes that protecting each person's right to privacy is fundamental to the quality of user relationships. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact a team user of U2UVISION.com
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