UPSTREAM WORKS SOFTWARE WEBSITE TERMS OF USE

Welcome to www.upstreamworks.com (“website”). The services on this website including any portion of this website accessible through the homepage (collectively, the “website”) are offered to you by Upstream Works Software, Ltd. (“Upstream Works”) and are subject to the following terms. If you access and use the Upstream Works website you accept and agree to be bound by and comply with the Terms. If you do not accept the Terms you may not use the Upstream Works website; please log off this site immediately.

Upstream Works reserves the right to modify, change or otherwise edit these Terms of Use at any time by updating this posting. It is recommended that you review the then current Terms of Use each time that you access this website as the Terms of Use may have been modified since your last access. The most recent date on which the Terms of Use were updated will be indicated below.

USE OF THE UPSTREAM WORKS WEBSITE

Upstream Works maintains this website for your information, education and communication. You may not reproduce, distribute, modify, display or prepare derivative works based on or otherwise use the content of the website without Upstream Works prior written permission.

You may not use the website for any purpose that is unlawful or prohibited by the Terms. You may not use the website in any manner that could damage, disable, overburden or impair any Upstream Works server or the network connected to any Upstream Works server or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to Upstream Works information or services, other accounts, computer systems or networks or to any service provided by Upstream Works through hacking, password mining or any other means. You may not obtain or attempt to obtain any Upstream Works information or services through any means not intentionally made available through the website.

COMMUNICATIONS TO UPSTREAM WORKS

When you visit the Upstream Works website or send e-mail to us you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

However, in your communications with Upstream Works please keep in mind that Upstream Works does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Upstream Works’ products or marketing strategies might seem similar to ideas submitted to Upstream Works. If, despite our request that you not send us your ideas and materials,   you still send them, please understand that Upstream Works makes no assurances that your ideas and materials will be treated as confidential or proprietary.

By posting, uploading, inputting, providing or submitting any materials you are granting Upstream Works and its sub licensees permission to use your materials in connection with the operation of their

 

Internet businesses including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and re-format your materials; to publish your name in connection with your materials; and the right to sublicense such rights. No compensation will be paid with respect to the use of your materials.

NO WARRANTIES

Upstream Works provides the website and the information, material and content (collectively, the “Information”) on an “as is, where is” basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Upstream Works website or the Information, including, without limitation, warranties as to merchantability, operation, non- infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, Upstream Works does not represent or warrant that the website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties. Upstream Works shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of your use of or inability to use the Upstream Works website or the Information or any action or decision made by you in reliance on the Upstream Works website or the Information or  any unauthorized use or reproduction of the Upstream Works website or the Information even if Upstream Works has been advised of the possibility of these damages.

GENERAL

The information, material and content provided in the Upstream Works website may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Upstream Works website will mean that you agree to any changes. Upstream Works controls and operates this  Site from its headquarters in Vaughan, Ontario, Canada and makes no representation that the website is appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws. If any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the balance of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction  of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Upstream Works web site.

COPYRIGHTS

You should assume that everything you see or read on the Upstream Works website is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Upstream Works website without the written permission of Upstream Works. Upstream Works neither

 

warrants nor represents that your use of materials displayed on the Upstream Works website will not infringe rights of third parties not owned by or affiliated with Upstream Works. Images, photographs or illustrations displayed on the website are either the property of, or used with permission by, Upstream Works. The use of these materials by you or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Upstream Works website. Any unauthorized use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity and communications regulations and statutes.

TRADEMARKS

All trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Upstream Works website are trademarks of Upstream Works. Nothing contained on the Upstream Works website should be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark displayed on the Upstream Works website without the written permission of Upstream Works or such third party that may own the trademark displayed on the Upstream Works website. Your misuse of the trademarks displayed on the Upstream Works website or any other content on the Upstream Works website except as provided herein, is strictly prohibited.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Upstream Works is concerned about the protection of on-line privacy for all visitors to the Upstream Works website. Please see our full Privacy Policy relating to the collection and use of your information which also governs your visit to the Upstream Works website, to understand our practices.

BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. CONTACT US

If you have any questions, feedback or comments regarding this Privacy Statement, please feel free to contact us at info@upstreamworks.com.

Last revised July 6, 2016