Terms of Use

EFFECTIVE NOVEMBER 30, 2009

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS.

Tecagora Solutions Inc. (“Tecagora”) is pleased to offer you this web site for your personal/commercial use. By using this web site, you agree to the terms and conditions as outlined below.

Subject to the terms and conditions of these terms and conditions, Tecagora grants to you a limited, non-transferable and non-exclusive right and license to use the services provided on this web site. You agree not to remove, obscure, or alter Tecagora's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through this web site. All rights not expressly granted hereunder are reserved for Tecagora. You agree that you are responsible for your use of any of the services available on this web site and any photos/images that you transmit or upload (“Content”) while using the services available on this web site and for any consequences thereof and you agree to comply with all applicable laws. Tecagora reserves the right, but shall not be obligated, to pre-screen, refuse, or if required by applicable law, seize any Content that has been uploaded by you through the services available on this web site. You agree that your use of any of the services available on this web site is at your own risk.

You agree NOT to use any of the services available on this web site:

• for any unlawful purposes or the promotion of any illegal activities, including without limitation, activities that may be threatening, obscene, libellous or defamatory, harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
• to upload, post, or otherwise transmit or communicate any Content that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right;
• to harm minors in any way, including, but not limited to, Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through any of the services available on this web site;
• to attempt to upload Content by any method to another user's account without permission;
• to upload, post, or otherwise transmit any Content which is likely to cause harm to Tecagora or anyone else's computer systems, including without limitation any virus, code, worm, Trojans, data or other files or programs designed to damage or allow unauthorized access to any of the services available on this web site which may cause any defect, error, malfunction or corruption to the services provided by Tecagora;
• to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
• to collect, intercept or harvest user names, to collect, intercept or store personal data about other users of the services available on this web site or to solicit or attempt to discover a user's password, user name or other registration information without the user's express knowledge and consent.

Tecagora does not claim ownership rights or control over any Content contained in your account, submitted, or uploaded by you through any services available on this web site. You, or the applicable third party licensor, retain all trademarks and copyright to any Content you submit or upload through the services available on this web site and you are responsible for all of the Content you submit and upload. You must either own all right, title and interest in and to the copyright in the Content or have express permission from the copyright owner to copy, reproduce, use, and upload such Content for all purposes related to the services provided through this web site and that such Content does not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. You are responsible for protecting those rights. By submitting and uploading Content on or through this web site, you grant Tecagora a worldwide, non-exclusive, royalty-free license to use, reproduce, and adapt such Content on and through this web site. Tecagora reserves the right to pre-screen or refuse to accept any uploaded Content in its sole discretion.

Some services of this web site are supported by advertising revenue and may display advertisements and promotions on this site. The manner, mode and extent of advertising by Tecagora through its services are subject to change at any time. You agree that Tecagora shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on this web site. Tecagora may provide, or third parties may provide, links to other Internet sites or resources. Because Tecagora has no control over such sites and resources, you acknowledge and agree that Tecagora is not responsible for the availability of such external sites or resources or the content or policies that govern the use of those web sites. Furthermore, Tecagora 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 Tecagora 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, nor will Tecagora accept any responsibility for any viruses, worms, Trojan horses or other forms of destructive malware that may infect your computer systems as a result of your use of any third party web sites.

Information on this web site may contain technical inaccuracies or typographical errors although Tecagora will make efforts to maintain and review all its contents. Information may be changed or updated at any time by Tecagora without notice to you. Tecagora may also make improvements or changes in the products, the services, and/or any pricing described in this web site or terminate such products or services at any time without notice to you.

Tecagora makes no representations, warranties, or conditions, express or implied, whatsoever about any other web site which you may access through this site. When you access a non-Tecagora web site, please understand that it is independent from Tecagora, and that Tecagora has no control over the content or policies on that web site. In addition, a link to a non-Tecagora web site does not mean that Tecagora endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses, spyware and other forms of malware or items of a destructive nature, and that you review any third party privacy policies and/or website terms of use.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DISCLAIMER SHALL APPLY TO THE FULLEST POSSIBLE EXTENT IN JURISDICTIONS THAT LIMIT THE EXCLUSION OF IMPLIED WARRANTIES.

IN NO EVENT WILL TECAGORA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OR OTHERWISE , WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any failure to comply with these terms and conditions will result in automatic suspension or immediate termination of your account and your access to any of the services available to you as provided by Tecagora. Tecagora reserves the right to suspend or terminate these terms and conditions and any of the services provided through this web site at any time and without cause or prior notice to you.

These terms and conditions shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. The failure of Tecagora to exercise or enforce at any time any of the provisions of these terms and conditions, or the failure to require at any time performance by you of any of the provisions of these terms and conditions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect Tecagora's ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any other provisions.

Tecagora reserves the right to amend these terms and conditions at any time. If you have registered as a member to access the services of this web site, we shall notify you of any material changes to these terms and conditions by email sent to the address you have provided during your account registration process. Notification of any changes will also appear in a prominent location on this web site. If you continue to use the services available on this web site once you have been notified of any changes to these terms and conditions, you will be deemed to have acknowledged and accepted those changes.

These terms and conditions (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Tecagora and govern your use of this web site, superseding any prior agreements between you and Tecagora for the use of the services available on this web site. You also may be subject to additional terms and conditions that may apply when you use any other current or future services of this web site or any current or future services of any third parties contracted to provide services on behalf of Tecagora.

All trademarks identified on this web site belong to their respective owners.