Terms of Use

SEPTEMBER 19, 2008
TYNT MULTIMEDIA INC. TERMS OF SERVICE

The Services and This Agreement
1.1 Your use of Tynt Multimedia Inc. (“Tynt”) software, websites, forums, or mediated functionality (individually and collectively deemed the “Services”) are covered by this agreement (the “Agreement”) entered into between yourself and Tynt, a corporation incorporated under the Alberta Business Corporations Act, and located in Calgary, Alberta, Canada. This Agreement contains defined terms, representations by both Tynt and yourself, and conditions under which your use of the Services are subject to.
1.2 This Agreement is subject to change by Tynt, and from time-to-time you will be provided notice of these changes. You will be able to access the current Agreement through the Tynt website, at www.Tynt.com. You are encouraged to print or otherwise save a copy of this Agreement for future reference. This Agreement is provided in English, but if Tynt provides a translation in any language, you agree that the English version shall prevail.

Acceptance of this Agreement
2.1 The use of the Services is subject to your acceptance of this Agreement, your agreeing with the representations within it and the conditions to use (the “Terms of the Agreement”).
You can accept the Terms of the Agreement in the following ways:
by indicating acceptance of this Agreement by checking an appropriate box within a web page, following a link labelled in a manner consistent with accepting the Agreement; or
using the Services, which you agree Tynt shall reasonably rely upon as being your acceptance of the Terms of the Agreement.
2.2 You understand that you may not accept the terms of the Agreement and use the Services if you are not able to form a binding contract with Tynt in Canada or your country of residence, are under the age of eighteen years old and do not have your parent or guardians permission to use the Services and accept the Terms of the Agreement, or are under the age of 13.
2.3 You acknowledge that Tynt may make changes to this Agreement from time to time. You may access these changes at www.tynt.com as these changes are made. You agree that the use of the Services following changes may be deemed as your consent to these changes.

Provision of the Services
3.1 You agree that Tynt may use subsidiaries, agents, or third-parties located within Canada or anywhere in the world, to provide the Services.
3.2 You agree that the provision of the Services, their extent, functionality, form and nature may change at the sole and exclusive discretion of Tynt, all without prior notice to you.
3.3 You may stop using the Services at any time and do not need to provide notice to Tynt.
3.4 You understand and agree that the termination of the Services, or changes to the extent, functionality, form or nature of the Services may result in loss of information which may include account details, your generated content or information you have provided. You agree to hold Tynt harmless for any harm to you from the loss of information contemplated herein.
3.5 You understand and agree that Tynt may unilaterally edit, modify or delete information or content you provide through use of the Services which in Tynt’s sole discretion it believes to be offensive, libellous, harmful, or otherwise not in keeping with a harmonious community.

Registration
4.1 Certain portions of the Services are available only to registered users who have usernames and passwords (“Registered Users”). You understand and agree that Tynt is relying upon the truthful provision of information on yourself in association with the use of the Services. If you are a Registered User, you agree that you will provide accurate information to Tynt and accurately maintain and update any information about yourself that you have provided to Tynt. If you do not maintain such information, or if Tynt has reasonable grounds to suspect as much, Tnyt has the right to suspend or terminate your account and your use of the Services.
4.2 You may only have one active Registered User account at any given time and only you may use your designated account to access the Services. Confidentiality of your password used to access the Services is your responsibility. You agree to exit from your Registered User account at the end of each session. In addition, you agree to promptly notify Tynt of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Tynt at feedback @ tynt.com.

Use of the Services
5.1 You agree to use the Services addressed by this Agreement in ways, and for purposes, allowed by the Terms of the Agreement and all applicable laws, or regulations in relevant jurisdictions (including any laws regarding the export of data or software to and from relevant countries). You agree that you will not directly or indirectly engage in any activity that interferes with, or disrupts, the provision of the Services.
5.2 You understand and agree that you are not allowed to sell, provide, duplicate or otherwise make available the Services to anyone other than yourself; for any purpose. You agree that any use of the Services or breach of the terms of the Agreement is your sole responsibility; including any resulting consequences such as damages or harm Tynt may suffer due to your failure to abide by the Terms of This Agreement. TYNT explicitly disclaimS liability for any and all losses and damages arising from your failure to comply with this section.
5.2 You agree that you will not send or otherwise transmit to or through the Services any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Services or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Tynt. You specifically agree not to access (or attempt to access) any of the Services through any automated means.
5.4 You agree not to restrict, discourage or inhibit any person from using the Services, disclose personal information of others through the Services or obtained through the Services, collect information about users of the Services, reverse engineer, disassemble or decompile any section or technology of or in the Services, or gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
5.5 You agree not to a) launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; b) send or otherwise transmit to or through the Services chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; c) post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; violate any applicable laws or regulations; or d) assist or permit any persons in engaging in any of the activities described above.

Use of Content in Conjunction with the Services
6.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, their selection and arrangement) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
6.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by persons or parties other than Tynt (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Tynt or by the owners of that Content, in a separate agreement. No 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 Tynt’s prior written permission, except that the foregoing does not apply to Content that you legally provide as part of the Services.
6.4 Tynt respects the intellectual property rights of others. You are prohibited from uploading, posting or otherwise transmitting through the Services any text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other content that violates another party's intellectual property rights. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Tynt has adopted a policy of terminating, in appropriate circumstances and at Tynt’s sole discretion, users of the Services who are deemed to be repeat infringers. Tynt may also at its sole discretion limit access to the Services to persons which infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6.5 Tynt reserves the right, but not the obligation, to review, modify, filter, remove or refuse Content, in whole or in part, from any Services. Tynt may limit access to certain Content, in its sole discretion, according to any criteria it deems fit, including but not limited to age or geographic location.
6.6 You understand and agree that even though Tynt provides rules for conduct and provision of Content, we do not control and are not responsible for what users transmit or share as part of the Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter in connection with use of the Services. You agree that Tynt is not responsible for the conduct, whether online or offline, of any user of the Services; and that use of the Services is at your sole risk.

Intellectual Property Rights
7.1 You acknowledge and agree that Tynt owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Tynt and that you shall not disclose such information without Tynt’s prior written consent. You agree that Content is the sole and exclusive property of Tynt, its users or its licensors with all rights reserved.
7.2 Provided that you are eligible for use of the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Services 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. Except for Content that you legally provide as part of the Services, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these Terms of this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
7.3 Any use of the Services other than as specifically authorized herein, without the prior written permission of Tynt, 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 Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Tynt at any time without notice and with or without cause.
7.4 You agree that when you provide Content as part of your use of the Services, you authorize and direct Tynt or its agents to make such copies thereof as it deems necessary in order to facilitate the communication and storage of the Content. By providing Content through use of the Services, you grant, and you represent and warrant that you have the right to grant, to Tynt an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You confirm and warrant to Tynt that you have all the rights, power and authority necessary to grant the above licence.
7.5 You may remove your Content provided through the Services at any time. If you choose to remove your Content, the license granted above will automatically expire, however you acknowledge that Tynt may retain archived copies of your Content. Tynt does not assert any ownership over your Content; rather, as between us and you, subject to the rights granted to us in this Agreement , you retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content.
7.6 Other than the limited license set forth in Section 7.4, Tynt acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Tynt, you agree that you are responsible for protecting and enforcing those rights and that Tynt has no obligation to do so on your behalf.
7.7 Tynt does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes ("User Submissions"). You must not transmit any User Submissions through the Services or to Tynt that you consider to be confidential or proprietary, and any User Submissions shall be deemed non-confidential. You are responsible and liable for any User Submissions. You agree, represent and warrant that any User Submission is a) truthful, accurate, and not misleading, b) offered in good faith, and c) that you have the right to transmit such information. Notwithstanding Section 7.6, you agree that by submitting User Submissions to Tynt, including any concepts, know-how or ideas, you hereby grant Tynt a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Submissions, including without limitation for promoting and redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others.

License to Use
8.1 Tynt gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software forming part of the Services, if any, provided to you by Tynt as part of the Services (“Software”). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Tynt, in the manner permitted by this Agreement.
8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have authorized by Tynt in writing.
8.3 You may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

Software
9.1 Software, executable code or applications which you require to use the Services may be automatically downloaded to your computer to install updates from time to time. These updates are designed to improve, enhance and further develop the Services and you agree to allow Tynt or a third-party appointee of Tynt to deliver these updates and you agree to receive such updates as part of your use of the Services.

Termination
10.1 The Terms of the Agreement will continue to apply until terminated by either you or Tynt, as contemplated herein. If you want to terminate this Agreement, you may do so by closing logon or account names with Tynt you may have, or by notifying Tynt in writing. Written notice should be sent to the current contact address available on www.tynt.com.
10.2 You agree that Tynt may terminate this agreement, and cease to provide Services to you, without prior written notice, if:
(i) you have breached any provision of the Terms of the Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of the Agreement); or
(ii) Tynt becomes unable to provide the Services to you through law, regulation, or your geographic locale; or
(iii) the provision of the Services to you is, in the sole opinion of Tynt, no longer commercially viable.
When this Agreement is terminated, all of the legal rights, obligations and liabilities that have accrued to you and Tynt which are expressed, contemplated or by their nature must continue indefinitely, shall be unaffected by this termination.

EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY
11.1 NOTHING IN THESE TERMS, INCLUDING THIS SECTION 11, SHALL EXCLUDE OR LIMIT TYNT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR LIMITATION OR EXCLUSION OF LIABILITIES ARISING FROM CERTAIN LOSSES; ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TYNT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
TYNT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 IN PARTICULAR, TYNT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.3 IN NO EVENT WILL TYNT OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF TYNT’S WEBSITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF TYNT’S WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM TYNT’S WEBSITE, EVEN IF TYNT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TYNT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TYNT FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE TYNT'S LIABILITY TO YOU EXCEED $200. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO TYNT FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TYNT, REGARDLESS OF THE CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11.4 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TYNT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(b) ANY CHANGES WHICH TYNT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(d) YOUR FAILURE TO PROVIDE TYNT WITH ACCURATE ACCOUNT INFORMATION;
(e) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
11.4 THE LIMITATIONS ON TYNT’S LIABILITY TO YOU IN PARAGRAPH 11.3 ABOVE SHALL APPLY WHETHER OR NOT TYNT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Advertisements
12.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. You agree that Tynt may provide these advertisements to you, in exchange for your using the Services. As well, you agree that the information you provide during the use of the Services may be used by Tynt for its own commercial purposes, so long as it is used in such a manner that you remain anonymous and may not be identified by third parties.

Other content
13.1 You acknowledge that the Services may include, either through Tynt or other persons use of the Services, links to other websites or content or resources. You agree that Tynt has may have no control over any websites or content or resources which are provided by parties other than Tynt.
13.2 You acknowledge and agree that Tynt is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that Tynt is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

Privacy and Personal Information
14.1 Information on Tynt’s personal information protection polices and practise can be found at the Tynt website, www.tynt.com. You agree that these policies apply to this Agreement, the provision of Services, and the information you provide through use of the Services.

Indemnification
15.1 You agree to indemnify, defend and hold Tynt and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with the Services.

General
16.1 This Agreement is accepted upon your use of Services. This Agreement constitutes the entire agreement between you and Tynt regarding the use of the Services. The failure of Tynt to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. You agree that Tynt may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Services.
16.2 This Agreement, and your relationship with Tynt, shall be governed by the laws of the Province of Alberta without regard to its conflict of laws provisions. You and Tynt agree to submit to the exclusive jurisdiction of the courts located within the City of Calgary, Alberta, Canada to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that Tynt shall still be allowed to apply for injunctive remedies in any jurisdiction. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.