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By accessing or using the canadiandiscovery.com Web site, you agree to
the terms of the Canadian Discovery Online Privacy Policy, as outlined below. If
you do not agree to these terms, please do not access or use this site.
Canadian Discovery reserves the right to change the Online Privacy Policy
from time to time at its sole discretion. Your use of this site will be subject to
the most current version of the Online Privacy Policy at the time of such use.
COLLECTION OF PERSONAL INFORMATION
When you engage in certain activities on this site, such as ordering or
registering products, downloading software, or entering contests, Canadian
Discovery may ask you to provide certain information about yourself by filling
out and submitting an online form. It is completely optional for you to engage in
these activities. If you elect to engage in these activities, however, Canadian
Discovery may ask that you provide us personal information, such as your first
and last name, mailing address (including zip code), e-mail address, employer,
job title and department, telephone and facsimile numbers, and other personal
identifying information. When ordering products or services on the site, you
may be asked to provide a credit card number. Depending upon the activity,
some of the information that we ask you to provide is identified as mandatory
and some as voluntary. If you do not provide the mandatory data with respect
to a particular activity, you will not be able to engage in that activity.
When you submit personal information to Canadian Discovery on this site, you
understand and agree that this information may be transferred across national
boundaries and may be stored and processed in any of the countries in which
Canadian Discovery and its affiliates and subsidiaries maintain offices,
including without limitation, the United States. You also acknowledge that in
certain countries or with respect to certain activities, the collection,
transferring, storage and processing of your information may be undertaken
by trusted vendors of Canadian Discovery.
HOW YOUR PERSONAL INFORMATION IS USED
Canadian Discovery collects your information in order to record and support
your participation in the activities you select. If you order a product that is to
be electronically downloaded, for example, the information is used to register
your license and rights, if any, to technical support, upgrade discounts, or
other benefits that may be made available to registered users. If you enter a
contest, information is collected to qualify the entry and contact you regarding
the contest or prize awards. The information that you provide is also used as
part of our effort to keep you informed about product upgrades, special offers,
and other products and services of Canadian Discovery and selected third
parties.
YOUR CHOICES WITH RESPECT TO PERSONAL INFORMATION
Canadian Discovery recognizes and appreciates the importance of
responsible use of information collected on this site. If you do not want the
information you provide to Canadian Discovery to be used to inform you of
other products, services and special offers available from Canadian Discovery,
and you indicate this preference when you provide your personal information
to Canadian Discovery, Canadian Discovery will honor your preference. In
addition, Canadian Discovery may selectively provide certain information to
other companies or organizations that have products or services we think may
interest you. If you do not want to receive promotional materials regarding third
party products or services, and you indicate this preference when you provide
your personal information to Canadian Discovery, Canadian Discovery will
honor your preference by not providing your information to such third parties.
Canadian Discovery reserves the right to provide aggregate data to third
parties for statistical analysis. Such data will not be linked to any particular
individuals.
PROTECTION OF YOUR PERSONAL INFORMATION
The personal information that you provide in connection with registering
yourself as an Canadian Discovery user or registering an Canadian Discovery
product is classified as Registration Information. Registration Information is
protected in several ways. Access by you to your Registration Information is
available through a password and unique customer ID selected by you. This
password is encrypted. We recommend that you do not divulge your password
to anyone. In addition, your Registration Information resides on a secure
server that only selected Canadian Discovery personnel and contractors have
access to via password. Canadian Discovery encrypts your personal
information and thereby prevents unauthorized parties from viewing such
information when it is transmitted to Canadian Discovery.
Personal information that you provide that is not Registration Information also
resides on a secure server and is only accessible via password. Since this
information is not accessible from outside Canadian Discovery, you will not be
asked to select a password in order to view or modify such information.
Please note that any information you post to a public bulletin board or chat
room, such as the Canadian Discovery User to User Forums, is available to all
persons accessing that site.
USE OF COOKIES
When you visit canadiandiscovery.com, you can surf the site anonymously
and access important information without revealing your identity. In order to
improve our site, we use "cookies" to track your visit. A cookie is small amount
of data that is transferred to your browser by a Web server and can only be
read by the server that gave it to you. It functions as your identification card,
recording your passwords, purchases, and preferences. It cannot be executed
as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to
notify you when you receive a cookie, giving you the chance to decide whether
or not to accept it. (For some Web pages that require an authorization,
cookies are not optional. Users choosing not to accept cookies will probably
not be able to access those pages.)
While Canadian Discovery uses cookies to track your visit to
canadiandiscovery.com, and our Web servers automatically log the IP/Internet
address of your computer, this information does not identify you personally
and you remain anonymous unless you have otherwise provided Canadian
Discovery with personal information.
UPDATING YOUR PERSONAL INFORMATION
You have the right to access and correct your personal information and
privacy preferences at any time. With respect to Registration Information, this
may be accomplished by linking to your account at Edit Your Account, where
you can view and make changes to your personal information. You may also
access and correct your personal information and privacy preferences by
writing or calling Canadian Discovery at:
Canadian Discovery Ltd.
Attn: Marketing
300, 706 7th. Ave S.W.
Calgary, AB
T2P 0Z1
Canada
Telephone Number (403) 269-3644
Please include your name, address, and/or e-mail address when you contact
us. Although no specific form is required to notify Canadian Discovery of
changes to your address or privacy preferences, you may download a Change
of Address form.
Personal information submitted through this site that is not Registration
Information is not accessible online. To access and/or correct such
information, you may write Canadian Discovery at:
Canadian Discovery Ltd.
Attn: Marketing
300, 706 7th. Ave S.W.
Calgary, AB
T2P 0Z1
Canada
Telephone Number (403) 269-3644
In your correspondence, please indicate with as much detail as possible the
location on this site where you provided your personal information.
PRIVACY RELATED COMPLAINTS
If you believe that Canadian Discovery has not complied with this Online
Privacy Policy with respect to your personal information, you may write the
Canadian Discovery Privacy Officer at the address indicated above.
In your letter, please describe in as much detail as possible the ways in which
you believe that the Canadian Discovery Online Privacy Policy has not been
complied with. We will investigate your complaint promptly.
Please note that if you provide Canadian Discovery with inconsistent privacy
preferences (for example, by indicating on one occasion that third parties may
contact you with marketing offers and indicating on another occasion that they
may not), Canadian Discovery cannot guarantee that your most recent privacy
preference will be honored.
Also, please note that Canadian Discovery is not responsible for the content
or privacy practices of non-Canadian Discovery Web sites to which
canadiandiscovery.com or any other Canadian Discovery Web site may link.
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ACCEPTANCE OF TERMS
Canadian Discovery Ltd. ("Canadian Discovery") makes available for your use
on this Web site (the "Site") information, documents, software and products
(collectively, the "Materials") and various services operated by Canadian
Discovery (collectively, the "Services"), subject to the terms and conditions set
forth in this document (the "Terms of Use"). By accessing or using this Site,
which includes your access to or use of any of the Services, you agree to the
Terms of Use. Canadian Discovery reserves the right to change the Terms of
Use from time to time at its sole discretion. Your use of the Site will be subject
to the most current version of the Terms of Use posted on the Site at the time
of such use. In addition, when using particular Services or Materials on this
Site, you shall be subject to any posted guidelines or rules applicable to such
Services or Materials that may contain terms and conditions in addition to
those in the Terms of Use. All such guidelines or rules are hereby
incorporated by reference into the Terms of Use. If you breach any of the
Terms of Use, your authorization to use this Site automatically terminates and
you must immediately destroy any Materials downloaded or printed from the
Site.
COPYRIGHT; LIMITED LICENSE
The Materials and Services on this Site are protected by copyright and/or
other intellectual property laws and any unauthorized use of the Materials or
Services at this Site may violate such laws. Except as expressly provided
herein, Canadian Discovery and its suppliers do not grant any express or
implied right to you under any patents, copyrights, trademarks, or trade secret
information with respect to the Materials and Services.
Except as specifically permitted herein, no portion of the information or
documents on this Site may be reproduced in any form or by any means
without the prior written permission of Canadian Discovery.
Use of Software. The software and accompanying documentation that are
made available to download from this Site are the copyrighted work of
Canadian Discovery and/or its suppliers. Use of the software is governed by
the terms of the end user license agreement that accompanies or is included
with such software. You will not be able to download or install any software that
is accompanied by or includes an end user license agreement unless you
agree to the terms of such end user license agreement. If you do not agree to
such terms, you will not be able to use the software. You may not decompile,
reverse engineer or otherwise attempt to discover the source code of
the software available on the Site.
Use of Site Information. Except as otherwise indicated elsewhere on this Site,
you may view, download and print the documents and information available on
this Site subject to the following conditions:
1. The documents and information may not be used for resale.
2. The documents and information may be used solely for personal,
informational, internal purposes.
3. The documents and information on the Site may not be distributed.
4. You may not remove any copyright or other proprietary notices contained in
the documents and information.
5. Canadian Discovery reserves the right to revoke the authorization to view,
download and print the documents and information available on this Site at
any time, and any such use shall be discontinued immediately upon written
notice from Canadian Discovery.
6. The rights granted to you constitute a license and not a transfer of title.
The rights to view, download and print the documents and information
available on this Site are not applicable to the design or layout of this Site.
Elements of this Site are protected by trade dress and other laws and may not
be copied or imitated in whole or in part.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number
and/or password, if applicable. You are responsible for all uses of your
account, whether or not actually or expressly authorized by you.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN
AGREEMENT BETWEEN YOU AND Canadian Discovery, ALL MATERIALS
AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-
INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Canadian Discovery
MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED
OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL
BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED
WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. Canadian Discovery MAY
MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE,
INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED
HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES
AT THIS SITE MAY BE OUT OF DATE, AND Canadian Discovery MAKES NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
Canadian Discovery ASSUMES NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS
AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS
SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND
PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL Canadian Discovery OR ITS SUPPLIERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT
Canadian Discovery HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM Canadian Discovery OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
USE.
This Site can be accessed from other countries around the world and may
contain references to Canadian Discovery products, services, and programs
that have not been announced in your country. These references do not imply
that Canadian Discovery intends to announce such products, services or
programs in your country.
PERSONAL INFORMATION AND PRIVACY
To learn about how Canadian Discovery protects your personal information,
such as your name and address, refer to the Canadian Discovery Online
Privacy Policy. Please note that any non-personal information or material sent
to Canadian Discovery will be generally be deemed to NOT be confidential.
LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate or require user-supplied
information, materials or communications (collectively, 'User Content').
Depending upon the nature of the Service, by submitting User Content to this
Site you grant Canadian Discovery one of the following two types of licenses:
1. For User Content that is the result of your creative efforts, such as
examples of work you have done using Canadian Discovery products, you
hereby grant Canadian Discovery a worldwide, royalty-free, non-exclusive
license to reproduce and modify (for purposes of formatting, maintenance
or Site administration only) such User Content. You also grant Canadian
Discovery the right to distribute and publicly display and perform such User
Content for the purpose for which such User Content was submitted to the
Service. This license will be in effect until such User Content is removed
from the Site.
2. For User Content such as comments to the Canadian Discovery User to
User Forums, bug reports, piracy reports or product suggestions, you grant
Canadian Discovery an unrestricted, worldwide, irrevocable license to use,
reproduce, display, perform, modify, transmit and distribute such User
Content, and you also agree that Canadian Discovery is free to use any
ideas, concepts, know-how or techniques that you send us for any purpose.
However, we will not release your name or otherwise publicize the fact that
you submitted such User Content to us unless: (a) you grant us permission
to do so; (b) we first notify you that the User Content you submit to a
particular part of the Site will be published or otherwise used with your name
on it; or (c) we are required to do so by law.
PROHIBITED COMMUNICATIONS
You may only submit to the Site, User Content that is (a) owned by you, (b)
submitted with the express permission of the owner, or (c) in the public
domain. You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, pornographic, or other
materials that would violate any law or the rights of others, including without
limitation, laws against copyright infringement. Violation of these restrictions
may result in limitations on access by you to this Site.
MANAGING USER CONTENT AND COMMUNICATIONS
Canadian Discovery reserves the right, in its sole discretion, to delete or
remove your User Content from the Site and to restrict, suspend or terminate
your access to all or part of this Site, at any time for any reason without prior
notice or liability.
Canadian Discovery may establish general practices and limits on the use of
any Service, including, but not limited to, limits on retention time, file size, and
storage space for User Content. Canadian Discovery shall have no liability or
responsibility for the deletion or failure to store any information or materials in
connection with any Service.
Canadian Discovery may, but is not obligated to, monitor or review (i) any
areas on the Site where users transmit or post User Content, including but not
limited to areas where Services are available, or chat rooms, bulletin boards or
other user forums, and (ii) the substance of any User Content.
To the maximum extent permitted by law, Canadian Discovery will have no
liability related to User Content arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. Canadian Discovery also disclaims all liability
with respect to the misuse, loss, modification, or unavailability of any User
Content.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Canadian Discovery will, in appropriate circumstances, terminate the accounts
of users who infringe the intellectual property rights of others. If you believe
that your work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on this Site or on sites linked
to from this Site, please provide Canadian Discovery's Copyright Agent a
Notice containing the following elements:
1. a physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been
infringed and identification of what material in such work(s) is claimed to be
infringing and which you request to be removed or access to which is to be
disabled;
3. a description of where the material that you claim is infringing is located on
the Canadian Discovery site;
4. information sufficient to permit Canadian Discovery to contact you, such as
your physical address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and,
under penalty of perjury, that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Canadian Discovery's Copyright Agent for Notice of claims of copyright
infringement can be reached as follows:
By mail:
Canadian Discovery Ltd.
Attn: Marketing
300, 706 7th. Ave S.W.
Calgary, AB
T2P 0Z1
Canada
Telephone Number (403) 269-3644
By telephone: (403) 269-3644
By fax: (403) 265-1273
By email: ideas@canadiandiscovery.com
THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE
THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT
CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS
OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL
OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE
RESPONDED TO.
INDEMNITY
You agree to indemnify and hold Canadian Discovery, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of content you submit, post to or
transmit through the Site (including, without limitation, any User Content), your
use of the Site, your connection to the Site, your violation of the Terms of Use,
or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Canadian Discovery from its
offices within the province of Alberta, Canada. By accessing this Site, you and
Canadian Discovery agree that all matters relating to your access to, or use
of, this Site shall be governed by the statutes and laws of the province of
Alberta, without regard to the conflicts of laws principles thereof. Canadian
Discovery makes no representation that Materials or Services available on this
Site are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited. Those who
choose to access this Site from other locations do so on their own initiative
and are responsible for compliance with local laws.
TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on this Site are
the property of Canadian Discovery or other third parties. You are not
permitted to use the Marks without the prior written consent of Canadian
Discovery or such third party which may own the Marks. Canadian Discovery
and the Canadian Discovery logo are trademarks of Canadian Discovery Ltd..
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