Unless otherwise indicated, the friendz.ca application is the property of ClassCloud Canada. The software and services provided by ClassCloud Canada are at all times subject to these terms and conditions. By using friendz.ca you confirm your acceptance of, and agree to be bound by, these term and conditions. These terms and conditions shall constitute the agreement between you and ClassCloud Canada ("this Agreement").
This Agreement takes effect on the date on which you first use the friendz.ca application.
This license to use friendz.ca as a service hosted by ClassCloud Canada is perpetual, with the exception of you breaking any part of this license, in which case you lose all rights under the license.
It is not warranted that any software supplied by ClassCloud Canada will meet your requirements or that its operation will be uninterrupted or error free. ClassCloud Canada exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
ClassCloud Canada warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where ClassCloud Canada supplies any goods supplied by a third party, ClassCloud Canada does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to ClassCloud Canada. Except in respect of death or personal injury caused by ClassCloud Canada's negligence, ClassCloud Canada shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by ClassCloud Canada's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by ClassCloud Canada. ClassCloud Canada shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by ClassCloud Canada as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. ClassCloud Canada when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that ClassCloud Canada are deemed liable to you for breach of this Agreement, you agree that ClassCloud Canada's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release ClassCloud Canada from any and all obligations, liabilities and claims in excess of this limitation.
friendz.ca is actively developed, evolving software. ClassCloud Canada reserves the right to change any part of that functionality without giving prior notice to you.You agree that you will not engage in any activity that interferes with, or disrupts the friendz.ca service.
Any notice, request or other communication to either party by the other under this Agreement shall be given by email, fax or conventional mail and shall be confirmed by conventional mail.
You shall not assign this Agreement or any benefits or interests arising under this Agreement without ClassCloud Canada's prior written permission, such not to be unreasonably withheld.
The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with ClassCloud Canada. ClassCloud Canada reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content. ClassCloud Canada provides permission for vector and raster representations within the software that it owns to be combined with the representation that the author has created and for the combined result to be persisted in either vector and/or raster format. You may use such graphically persisted representation that you create for any purpose that does not interfere with the business operations of ClassCloud Canada. You agree that you are solely responsible for (and that ClassCloud Canada has no responsibility for any content you create) any Content that you create, transmit or display while using the service.
This Agreement is governed by the laws of Canada. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ClassCloud Canada as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of ClassCloud Canada. You agree that ClassCloud Canada will not be liable by reason of any representation, act or omission to act by you. ClassCloud Canada's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of ClassCloud Canada's right to comply with law enforcement requests or requirements relating to your use of ClassCloud Canada or information provided to or gathered by ClassCloud Canada with respect to such use.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). This Agreement constitutes the entire agreement between ClassCloud Canada and you with respect to your use of services, software and/or goods provided by ClassCloud Canada, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between ClassCloud Canada and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.
