Acceptable Use Policy / Terms of Use
By accessing or using our website(s) or the mobile version thereof (the “Site”) you are subject to this Acceptable Use Policy or Terms of Use (“TOU”). This TOU applies to the use of any product, service or the Site (collectively, the “Service”) provided by us (“Company”, “Optix Digital Solutions”, “Trivolio”, “Embassy Productions Inc”, “we”, or “our”) directly or indirectly from another.
This Acceptable Use Policy or Terms of Use (“TOU”) applies to the use of any product, service or website (the “Service”) provided by us (“Company”, “Optix Digital Solutions”, “Trivolio”, “Embassy Productions Inc”, “we”, or “our”) directly or indirectly from another third party. By accessing or using the Service, including the mobile version thereof, you (the “User”) are subject to this TOU and Privacy Policy, available at help.optix.digital; you acknowledge that you have read, understand and agree to be bound by these TOU and Privacy Policy.
If any provision in this Policy conflicts with a term in the Subscription Agreement or the Terms of Use, then the applicable provisions of the Subscription Agreement and the Terms of Use will prevail unless the term in this Policy specifically states that it will prevail.
If you violate this Policy, we may suspend or terminate your use of the Service or access to the Site. Our right to suspend or terminate your use of the Service or Site applies even if a breach is committed unintentionally or without your authorization if we believe that suspension or termination is necessary to ensure compliance with laws or to protect the rights, safety, privacy, security or our property, customers or third parties.
We reserve the right, at our sole discretion, to update these terms at any time. If you do not agree to abide by these or any future TOU, do not use or access (or continue to use or access) any of our services or the Site. When we change this TOU, the last revised date will show.
Registration and Account Security In consideration of your use of the Site and/or Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Intellectual Property & Proprietary Rights.
You may not use the Service or Site in any manner that would result in an infringement, dilution, misappropriation or other violation any intellectual property or proprietary rights of others, including but not limited to copyrights and rights arising from patents, trademarks and trade secrets.
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Embassy Productions Inc., its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content 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. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation and any other use of the Site Content is strictly prohibited. Such license is subject to this TOU and does not permit the use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Embassy Productions Inc, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this TOU shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Harmful Content You may not use the Service or Site transmit, store, display, distribute or otherwise make available content or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program or data, including without limitation viruses, Trojan horses, bots, worms, scripting exploits, time bombs or other malicious code.
No Framing or Scraping You may not frame or mirror the Site without our express prior written consent. You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather any messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other content from the Service or Site or reproduce or circumvent the navigational structure or presentation of the Service or Site without Our express prior written consent. Notwithstanding the foregoing, Our grants to the operators of public search engines the permission to use spiders to copy material from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of such material, but not caches or archives of such material. We reserve the right to revoke these exceptions either generally or in specific cases.
Email and Unsolicited Messages You may not use the Service or Site to transmit unsolicited email or other messages, including without limitation unsolicited bulk email (“spam”), or email or messages that are excessive and/or intended to harass or annoy others. You may not continue to send emails or other messages to a recipient who has indicated that he/she does not wish to receive them. You may not alter or obscure email or message headers or assume a sender’s identity (including without limitation by engaging in “spoofing”, “phishing” or similar attacks) without the sender’s explicit permission.
System Security You may not use the Service or Site to violate the security or integrity of any network, computer or communications system, software application or computing device (each, a “System”), including without limitation by attempting to: (a) probe, scan or test the vulnerability of a System or breach or circumvent security or authentication measures without authorization; (b) make network connections to, or otherwise access, a System without authorization; (c) monitor data or traffic on a System without authorization; (d) tamper, reverse-engineer, hack, interfere with, disrupt or disable a System, including without limitation by means of overloading, “flooding,” “mailbombing,” “crashing,” or denial of service attacks; (e) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) use another party’s account name or persona without authorization; or (g) take any action in order to obtain a Service to which you are not entitled.
Privacy You may not use the Service or Site to violate the privacy or confidentiality of others, including by transmitting, storing, displaying, distributing or otherwise making available others’ private or confidential information (including without limitation their account names or personal data associated with their Service or Site account) without authorization.
Please review our Privacy Policy for more to learn about our information collection, usage and disclosure practices with respect to information collected by us through the Site.
Global Availability We control the Site from our Ontario office. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. We make no representation that the products and services referenced herein are appropriate, or available, worldwide. Indemnity. You agree to defend, indemnify and hold harmless us, our affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorney fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer process, use or store in connection with the Site.
Compliance with Laws Without limiting the foregoing prohibitions, you may not use the Service or Site for any illegal purpose or in violation of any laws (including without limitation data, privacy, consumer protection, and export control laws).
No High-Risk Use You may not use the Service in any situation where failure or fault of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Service in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities. Responsibility for End Users
You are responsible for violations of this Policy by anyone using the Service or Site with your permission or using your account on an unauthorized basis. Your use of the Service or Site to assist another person in an activity that would violate this Policy if performed by you is a violation of this Policy. This Policy applies to anyone accessing or using the Service or the Site; however, each prohibition included in this Policy shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Service or Site, even if such person did not themselves violate the prohibition.
Monitoring and Enforcement We reserve the right but do not assume the obligation, to investigate any violation of this Policy or misuse of the Service or Site. We have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service or the Site that we find to be in violation of this Policy. We may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Third-Party Services The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with us, and you do so at your own risk. We are not responsible for, and make no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. We are not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by the Site.
Disclaimers THE SITE, ALL CONTENT, ALL SERVICES AND OTHER ITEMS MADE AVAILABLE BY US ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER OUR CONTROL. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL WE, OUR AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL OUR CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Responsibility for End Users You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms apply to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision. Termination and Monitoring.
If you violate these Terms, we may suspend or terminate your use of the Site or Services. Our right to suspend or terminate your use of Site or Service applies even if a breach is committed unintentionally or without your authorization if we believe that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or our property, customers or third parties. We reserve the right, but do not assume the obligation, to investigate any violation of these Terms or misuse of the Site. We have the right in our sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that we find to be in violation of these Terms. We may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.
Electronic Communications. When you visit the Site or send emails to us, you are communicating with us electronically; and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Governing Law This Agreement shall be governed by, and construed in accordance with the laws of the Province of Ontario and all applicable federal laws of Canada, without regard to its conflict of law principles. The Parties do hereby irrevocably consent to the jurisdiction of the appropriate courts located in Mississauga, Ontario for the resolution of any disputes arising out of this Agreement. The parties also agree that they will first attempt to resolve any disputes arising under this Agreement through good faith negotiations. Reporting Violations
Reporting Violations If you become aware of any violation of this Policy, you must immediately notify us by email at [email protected] and provide us with assistance, as requested, to stop or remedy the violation.