Terms and Conditions
Last Updated: May 14, 2009
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS
AND CONDITIONS CAREFULLY BEFORE USING A MAKE IT SEVEN INC. SITE.
INTRODUCTION
Welcome to the Internet sites of Make IT Seven Inc. Inc. and its subsidiaries ("Make
IT Seven Inc."). These Terms and Conditions apply to all Make IT Seven Inc.
Internet sites, which reference these, Terms and Conditions, including without
limitation makeitseven.ca (a "Make IT Seven Inc. Site" and collectively the "Make
IT Seven Inc. Sites"). By using a Make IT Seven Inc. Site, or any of the
products or services available on a Make IT Seven Inc. Site (collectively the "Services"),
you agree, without limitation or qualification, to be bound by these terms and
conditions and such other additional or alternative terms, conditions, rules and
policies which are displayed or to which you may be directed in connection with
any particular Make IT Seven Inc. Site or Service, all as may be modified by
Make IT Seven Inc. from time to time in its sole discretion (collectively, the "Terms
and Conditions"). If you do not agree with these Terms and Conditions, you
may not use a Make IT Seven Inc. Site or any of the Services on a Make IT Seven
Inc. Site.
Please note that we reserve the right, at our discretion, to change, modify,
add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes.
Your continued use of a Make IT Seven Inc. Site following the posting of
any changes to these Terms and Conditions will mean you accept those changes.
PRIVACY
For information on how user information is collected, used and disclosed by Make
IT Seven Inc. in connection with your use of a Make IT Seven Inc. Site and any
of the Services, please consult our Privacy Policy.
REGISTRATION, ACCOUNTS and PASSWORDS
Certain of the Services and related features made available on a Make IT Seven
Inc. Site may require registration or subscription. Should you choose to
register or subscribe for any such Services or related features, you agree to
provide accurate and current information about yourself as required by the
relevant registration or subscription process, and to promptly update such
information as necessary to ensure that it is kept accurate and complete. You
agree to be responsible for: (a) maintaining the confidentiality of any
passwords or other account identifiers which you choose or are assigned as a
result of any registration or subscription on a Make IT Seven Inc. Site, and (b)
all activities that occur under such password or account. Further, you agree to
notify Make IT Seven Inc. of any unauthorized use of your password or account.
Make IT Seven Inc. shall not be responsible or liable, directly or indirectly,
in any way for any loss or damage of any kind incurred as a result of, or in
connection with, your failure to comply with this Section.
RESTRICTIONS ON USE OF MATERIALS
All material, information and content available on a Make IT Seven Inc. Site
(collectively "Content"), including the manner in which such Content is
presented, and the Services are: Copyright © Make IT Seven Inc. Inc., its
affiliates and/or licensors. All rights reserved. Such Content is protected by
Canadian and worldwide copyright laws and treaty provisions. Make IT Seven Inc.
grants you a limited non-exclusive, non-transferable license to use and display
on your computer or other electronic access device, the Content and Services for
your own personal and non-commercial use only, provided that you do not modify
the Content and that you maintain all copyright and other proprietary notices.
Except as provided herein, you agree not to reproduce, make derivative works of,
retransmit, distribute, sell, publish, communicate, broadcast or otherwise make
available any of the Content obtained through a Make IT Seven Inc. Site or any
of the Services, including without limitation, by caching, framing or similar
means, without the prior written consent of the respective copyright owner of
such Content.
TRADEMARKS
Makeitseven.ca is a trademarks of Make It Seven Inc.
All other product, brand and company names and logos used or mentioned on a Make
IT Seven Inc. Site or any of the Services may be the trademarks or registered
trademarks of their respective owners. Any use of any trademarks appearing on a
Make IT Seven Inc. Site or any of the Services without the express written
consent of the owner of the trademark is strictly prohibited.
USER CONDUCT
In consideration of the availability, and your use, of a Make IT Seven Inc. Site
or any of the Services, you agree to comply with all applicable laws and
regulations and these Terms and Conditions when using such Make IT Seven Inc.
Site or Service. You acknowledge that Make IT Seven Inc. may investigate any
violations of law and may cooperate with law enforcement authorities in
prosecuting users in this regard. Additionally, you agree not to:
* post, transmit, link to, or otherwise distribute any materials, information or
content constituting, advocating or encouraging conduct that would constitute a
criminal offense or give rise to civil liability, or otherwise use a Make IT
Seven Inc. Site or any of the Services in a manner which is contrary to law or
would serve to restrict or inhibit any other user from using or enjoying a Make
IT Seven Inc. Site, any of the Services, or the Internet;
* defame, abuse, stalk, harass, threaten or otherwise violate the legal rights
of others, including without limitation, rights relating to privacy and
publicity;
* post, transmit, link to, or otherwise distribute any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful material or information;
* post, transmit, link to, or otherwise distribute any information, materials or
content (including for greater certainty, software) which contains a virus,
cancelbot, trojan horse,
worm or other harmful or disruptive component.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a Make IT Seven Inc. Site or
any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling
the minor's access to and use of a Make IT Seven Inc. Site or any of the
Services; and (iii) the consequences of any misuse by the minor. You acknowledge
that some of the areas of a Make IT Seven Inc. Site may contain material that is
inappropriate for minors.
FORUMS AND CONTENT SUBMISSIONS
By uploading materials to any chat board or forum available on a Make IT Seven
Inc. Site (collectively "Forums") or otherwise submitting any materials
to us through any other content generating or submitting Service on a Make IT
Seven Inc. Site, you automatically grant (or warrant that the owner of such
materials expressly grants) Make IT Seven Inc. a world-wide, perpetual,
royalty-free, irrevocable and non-exclusive right and license to use, copy,
adapt, transmit, communicate, publicly display and perform, distribute and
create compilations and derivative works from such submitted materials, for the
purposes of publishing and promoting such materials in connection with the Forum
or other Service through which the materials were submitted or generated, and
for all promotions thereof. Such license shall apply with respect to any form,
media, or technology now known or later developed. In addition, you warrant that
all "moral rights" in such materials have been waived.
In addition, you automatically grant (or warrant that the owner of such material
expressly grants) Make IT Seven Inc. a world-wide, perpetual, royalty-free,
irrevocable and non-exclusive right and license to televise, broadcast,
transmit, exploit, use, communicate, publicly display and perform, distribute
and create compilations and derivative works from, such submitted materials in
any manner, media or technology, including, but not limited to all forms of
television, wireless and online technology, now known or later developed.
If you are a minor, you must have permission from your parent or guardian to
upload any materials to a Forum. Make IT Seven Inc. may request a parent's or
guardian's email address from anyone who uploads any materials to a Forum for
the purpose of verifying with the parent or guardian that he/she has in fact
given permission for such uploading. In the event that material is uploaded
without permission, all uploaded material will be removed immediately and
without notice to you.
When participating in a Forum, never assume that people are who they say they
are, know what they say they know, or are affiliated with whom they say they are
affiliated. Make IT Seven Inc. cannot be responsible for the content or accuracy
of any information, and will not be responsible for any reliance or decisions
made based on such information. When using a Forum, you may not post, transmit,
link to, or otherwise distribute any information, materials or content that do
not generally pertain to the designated topic or theme of the particular Forum.
Use of a Forum for commercial purposes of any kind is strictly prohibited.
Please note that Make IT Seven Inc. reserves the right to refuse to post or to
remove any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of these Terms and
Conditions.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A Make IT Seven Inc. SITE AND ANY
OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT
Make IT Seven Inc. MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used
in this section, "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE
HEREBY EXPRESSLY DISCLAIMED, AND (B) Make IT Seven Inc. SPECIFICALLY MAKES NO
WARRANTIES THAT A Make IT Seven Inc. SITE OR ANY OF THE SERVICES, INCLUDING ANY
CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A
Make IT Seven Inc. SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE
RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
PROFESSIONAL INFORMATION DISCLAIMER
The Make IT Seven Inc. Sites may make available certain information provided by
third parties related to various professional fields such as, without
limitation, medicine and other health and fitness related matters, law,
accounting and financial planning and investments (the "Professional
Information"). The Professional Information is provided for educational and
entertainment purposes only and should not be interpreted as a recommendation
for a specific treatment plan, product or course of action. Use of a Make IT
Seven Inc. Site does not replace consultations with a qualified medical, legal,
financial or other relevant professional. In addition, while the Professional
Information is frequently updated, this information changes rapidly and
therefore, some of the Professional Information may be out of date. You agree
that all risk associated with the use of, or reliance on, any of the
Professional Information rests with you. You further agree that Make IT Seven
Inc., including its suppliers, shall not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred as a result
of, or in connection with your use of, or reliance on, any such Professional
Information.
FINANCIAL INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations, description
of, or references to, products or securities) made available by Make IT Seven
Inc. through a Make IT Seven Inc. Site or any of the Services is: (a) for
information purposes only; (b) not to be used or construed as an offer to sell,
a solicitation of an offer to buy, or an endorsement, recommendation, or
sponsorship of any entity or security by Make IT Seven Inc.; and (c) not
necessarily reflective of the views or policy of Make IT Seven Inc., including
the publisher, contributors and staff of, and advertisers on, a Make IT Seven
Inc. Site. You acknowledge and agree that any request for information by you is
unsolicited and shall neither constitute nor be construed as investment advice
by Make IT Seven Inc.. You should apply your own judgment in making any use of
any Content, including, without limitation, the use of any information contained
therein as the basis for any conclusions. You bear responsibility for your own
investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT
IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT
ADVISOR. Make IT Seven Inc. DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL,
TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR
POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.
You acknowledge that Make IT Seven Inc. or its affiliates may invest or
otherwise hold interests in entities which may be referenced in any of the
Services or Content accessible through a Make IT Seven Inc. Site. The views and
opinions expressed on a Make IT Seven Inc. Site are not intended to constitute a
description of securities bought, sold, or held on behalf of Make IT Seven Inc.
nor an indication by Make IT Seven Inc. of any intention to buy, sell, or hold
any security.
DISCLAIMER REGARDING SEARCH CONTENT
Any and all pictures, sounds, sound effects, sound recordings, musical works,
performances, graphics, video, cinematic productions, audio-visual works and any
other works (the "Multimedia Content") located through a Make IT Seven
Inc. Site's search services are protected by copyright and/or other intellectual
property laws. Make IT Seven Inc. does not have the right to authorize you to
reproduce, distribute, publicly display, publicly perform, communicate or create
derivative works from any files containing such Multimedia Content. Where search
results link to sites outside a Make IT Seven Inc. Site, all of the Multimedia
Content contained on such sites is owned and served by entities other than Make
IT Seven Inc.. Make IT Seven Inc. provides you with the URL or address of the
Multimedia Content; this information may be used to determine the server of the
Multimedia Content. If you intend to make use of any Multimedia Content accessed
through a Make IT Seven Inc. Site's search services for commercial or
non-commercial purposes, we strongly suggest that you contact the server and/or
owner of the Multimedia Content for permission to use such Multimedia Content.
MONITORING
You acknowledge that Make IT Seven Inc. has no obligation to monitor a Make IT
Seven Inc. Site or any content accessible through a Make IT Seven Inc. Site or
any of the Services. However, you agree that Make IT Seven Inc. has the right to
monitor a Make IT Seven Inc. Site electronically from time to time and to
disclose any information as necessary to satisfy any law, regulation or other
governmental request, to operate a Make IT Seven Inc. Site or any of the
Services properly, or to protect itself or its users in accordance with the
Privacy Policy.
MODIFICATIONS
Make IT Seven Inc. reserves the right, in its sole discretion, to add to,
remove, modify or otherwise change any part of these Terms and Conditions, in
whole or in part, at any time. Except as otherwise expressly contemplated
herein, changes will be effective when notice of such change is posted on a Make
IT Seven Inc. Site. Please check these Terms and Conditions regularly for
updates by checking the date of "Last Update" at the top of this document. If
any change is not acceptable to you, you must discontinue your use of a Make IT
Seven Inc. Site and any of the Services immediately. Your continued use of a
Make IT Seven Inc. Site or any of the Services after any such changes are posted
will constitute acceptance of those changes. Further, Make IT Seven Inc.
reserves the right to change, modify, suspend or discontinue any aspect of a
Make IT Seven Inc. Site, Services or Content from time to time without notice or
liability and for any reason whatsoever.
DOWNLOADS AND SHAREWARE
Certain Make IT Seven Inc. Sites allow you to download software applications or
other forms of Content, including files, images and/or data incorporated therein
(collectively, the "Software"). The Software is made available to you by
Make IT Seven Inc. or third parties subject to the terms and conditions made
available to you during the software installation process. Additionally, you
agree that the Software is licensed to you by Make IT Seven Inc. or third
parties for your personal and non-commercial use only provided that you do not
modify the Software and that you maintain all copyright and other proprietary
notices and that Make IT Seven Inc. or the designated third parties retain full
and complete title to the Software and all intellectual property rights therein.
You may not redistribute, sell, de-compile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-readable form. You agree that it is
your responsibility to review and evaluate the Software and the related terms
and conditions, and that all risk associated with the use of, or reliance on,
the Software rests with you. You further agree that Make IT Seven Inc.,
including its suppliers, shall not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred as a result
of, or in connection with your use of, or reliance on, the Software, including
the failure of the Software to meet your needs, standards, expectations or
specifications.
CONTENT LINKED TO A Make IT Seven Inc. SITE
Please exercise discretion while browsing the Internet. Please note that certain
links on a Make IT Seven Inc. Site may take you to other websites. Make IT Seven
Inc. provides these links only as a convenience and not as an endorsement by
Make IT Seven Inc.. These linked sites are not necessarily under the control of
Make IT Seven Inc.. If you decide to visit any linked site, you do so at your
own risk and it is your responsibility to take all protective measures to guard
against viruses and other destructive elements. Make IT Seven Inc. is not
responsible for the content of any such linked sites or any other web page which
is not part of a Make IT Seven Inc. Site and under Make IT Seven Inc.'s control.
Unless otherwise expressly provided, Make IT Seven Inc. makes no representation
or warranty regarding, and does not endorse, any linked site or the information,
products or services appearing thereon. Accordingly, you agree that Make IT
Seven Inc. will not be responsible or liable in any way for the accuracy,
relevancy, copyright compliance, legality, or decency of material contained in
any site linked from a Make IT Seven Inc. Site.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any
third parties, including any merchants or advertisers, found on, or through, a
Make IT Seven Inc. Site or any of the Services, including payment for and
delivery of related goods and services, and all other terms, conditions,
representations and warranties related to such dealings, are solely as between
you and such third parties. Make IT Seven Inc. assumes no responsibility
whatsoever for any charges you or any user of your account incurs when making
purchases or other transactions in this manner. Further, the responsibility for
ensuring compliance with all applicable laws in connection with any such
transactions shall be your's alone. You agree that
Make IT Seven Inc. shall not be responsible or liable in any way for any loss or
damage of any kind incurred as a result of, or in connection with, any such
dealings or transactions.
SUBSCRIPTION/FEE BASED SERVICES
Certain of the Services made available on a Make IT Seven Inc. Site may be
offered by Make IT Seven Inc. on a payment basis (a "Pay Service"). Pay
Services may be offered by Make IT Seven Inc. on a prepaid usage basis or on a
periodic subscription ("Subscription") basis. Should you choose to purchase a
Pay Service, you will be required to register as described above, and you will
be assigned an account for such Pay Service (the "Pay Service Account")
based on the information you provide as part of the registration process. You
agree to pay all the fees applicable for such Pay Service you incur through your
Pay Service Account, including any fees associated with the use of such Pay
Service together with all applicable taxes (the "Fees"). Unless otherwise
indicated on the relevant Pay Service description page (the "Pay Service
Description"), the Fees for a Pay Service purchased through your Pay Service
Account are chargeable immediately (and at the beginning of each renewal period
for periodic Subscription Pay Services) to the credit card you designated for
the particular Pay Service Account or through such other billing process as
applicable. All Fees are non-refundable. Make IT Seven Inc. reserves the right
to change the amount of, or basis for determining, any Fees for a Pay Service,
and to institute new Fees or terms at any time effective upon notice to you,
which notice may for certainty include the posting of any such changes on the
relevant pages related to the use of the Pay Service.
Please note that Subscription Pay Services renew automatically at the end of the
relevant period as set out in the applicable Pay Service Description and Fees in
respect of each such renewal shall be based on the then current rate for the
particular Subscription Pay Service. You may terminate your subscription at any
time, which termination will only be effective at the end of your subscription
period.
By registering for a Pay Service, you warrant that: (a) you are of the age of
majority in the jurisdiction in which you reside, (b) all information you submit
is true and correct (including without limitation all credit card information),
and (c) you are the cardholder of the credit card you designated for your Pay
Service Account.
In consideration of the availability, and your use, of a Pay Service, you
acknowledge and agree: (a) to these Terms and Conditions, including without
limitation the disclaimers, limitation of liability and provisions related to
prohibited conduct set out herein as well as any terms and conditions which may
be set out in the relevant Pay Service Description, (b) that you are solely
responsible for all acts or omissions that occur through your Pay Service
Account, (c) that the Pay Service is for your personal, non-commercial use and
you agree not to resell, distribute, transfer, share or otherwise use any Pay
Service, including any coupons or credits related to same for any commercial
purposes whatsoever, (d) that Make IT Seven Inc. reserves the right to specify
an expiry date for the use of any coupons or credits purchased in connection
with any Pay Service, and (e) that Make IT Seven Inc. reserves the right to
suspend or terminate your Pay Service Account and your use of a Pay Service at
any time, including without limitation, where Make IT Seven Inc. has determined,
in its sole discretion, that your use of the Pay Service is, or was, in breach
of these Terms and Conditions. Any such termination by Make IT Seven Inc. shall
be in addition to and without prejudice to such rights and remedies as may be
available to Make IT Seven Inc., including injunction and other equitable
remedies. Your ability to use the Pay Service is also subject to any limits
established by Make IT Seven Inc. or by your credit card issuer. If Fees cannot
be charged to your credit card or your charge is returned for any reason,
including chargeback, Make IT Seven Inc. reserves the right to either suspend or
terminate your Pay Service Account and your access to the Pay Service.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless each of Make IT Seven Inc., its
affiliates and licensors and each of their respective officers, directors,
employees and agents, including all third parties mentioned on a Make IT Seven
Inc. Site, from and against any and all claims, actions or demands, including
without limitation reasonable legal and accounting fees, resulting from or
related to: (a) your breach of any of these Terms and Conditions; (b) your
access to or use of a Make IT Seven Inc. Site, Services or Content; or (c) your
use or reliance on, or publication, communication or distribution of anything on
or from a Make IT Seven Inc. Site or through any of the Services. You shall use
your best efforts to cooperate with us in the defense of any claim. We reserve
the right, at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Make IT Seven Inc.,
INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER
INTANGIBLE LOSSES, REGARDLESS OF WHETHER Make IT Seven Inc. HAD BEEN ADVISED OF
OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE
SERVICES OF A Make IT Seven Inc. SITE, (B) ANY UNAUTHORIZED ACCESS TO OR
MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER
RELATING TO A Make IT Seven Inc. SITE OR ANY OF THE SERVICES.
You expressly acknowledge that Make IT Seven Inc. has entered into this
agreement, and has and will make a Make IT Seven Inc. Site, Content and Services
available to you in reliance upon the limitations and exclusions of liability
and the disclaimers set forth herein, and that the same form an essential basis
of the bargain between you and Make IT Seven Inc.. You expressly agree that the
limitations and exclusions of liability and the disclaimers set forth herein
will survive, and continue to apply in the case of, a fundamental breach or
breaches, the failure of essential purpose of contract, the failure of any
exclusive remedy or termination of this agreement.
GOVERNING LAW/JURISDICTIONAL ISSUES
All Make IT Seven Inc. Sites and Services are controlled, operated and
administered by Make IT Seven Inc. from its offices within Canada. Make IT Seven
Inc. makes no representation or warranty that a Make IT Seven Inc. Site or any
of the Services are appropriate or available for use at any locations outside
Canada. If you access a Make IT Seven Inc. Site from outside Canada, you are
responsible for compliance with all applicable laws. You may not export any of
the Content accessible through a Make IT Seven Inc. Site in violation of
applicable export laws and regulations. These Terms and Conditions shall be
interpreted, construed and governed by the laws in force in the Province of
Ontario, Canada, without reference to its conflict of laws principles. Subject
to the Arbitration and Actions paragraph below, each party hereby agrees to
submit to the jurisdiction of the courts of the Province of Ontario and to waive
any objections based upon venue. The United Nations Convention on Contracts for
the International Sale of Goods does not apply to these Terms and Conditions.
ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute
arising out of or relating to these Terms and Conditions, your use of any Make
IT Seven Inc. Site or Service or the relationship which results from these Terms
and Conditions, including without limitation, the performance, breach,
enforcement, existence or validity of the matters provided for in these Terms
and Conditions which cannot be amicably resolved, even if only one of the
parties declares that there is a difference (collectively, a "Claim"),
will be referred to and finally settled (to the exclusion of the courts) by
private and confidential binding arbitration before a single arbitrator held in
Toronto, Ontario in English and governed by Ontario law pursuant to the
Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to
time. The arbitrator shall be a person who is legally trained and who has
experience in the information technology field in Canada and is independent of
either party. Any such Claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim, controversy or
dispute of any other party. You agree to waive any right you may have to
commence or participate in any class action against us related to any Claim and,
where applicable, you also agree to opt out of any class proceedings against us.
Notwithstanding the foregoing, we reserve the right to pursue the protection of
intellectual property rights and confidential information through injunctive or
other equitable relief through the courts.
TERMINATION
You acknowledge and agree that Make IT Seven Inc., in its sole and absolute
discretion, may, without notice to you, suspend or terminate your account or
your use of, or access to, a Make IT Seven Inc. Site or any of the Services, and
remove and discard any information or content related to a Make IT Seven Inc.
Site or any of the Services (and your use thereof), for any reason, including
where Make IT Seven Inc. believes that you have violated any of these Terms and
Conditions. You further agree that Make IT Seven Inc. shall not be liable to you
or to any other person as a result of any such suspension or termination. If you
are dissatisfied with a Make IT Seven Inc. Site or any of the Services or with
any terms, conditions, rules, policies, guidelines, or practices of Make IT
Seven Inc. in operating a Make IT Seven Inc. Site or any of the Services, your
sole and exclusive remedy is to discontinue using a Make IT Seven Inc. Site or
any of the Services.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
Make IT Seven Inc. is always improving its websites and Services and developing
new features. If you have ideas and/or suggestions regarding improvements or
additions, we would like to hear them - but any submission will be subject to
these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY
IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO Make IT Seven Inc. BE SUBJECT TO
ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING
THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO Make IT Seven Inc., YOU
ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION
OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO Make IT Seven
Inc. THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL
WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY
RELATED MATERIAL AND THAT Make IT Seven Inc. IS FREE TO IMPLEMENT THE IDEA
AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED
OR AS MODIFIED BY Make IT Seven Inc., WITHOUT OBTAINING PERMISSION OR LICENSE
FROM ANY THIRD PARTY.
GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or
obligations to anyone. These Terms and Conditions constitute the entire
agreement between Make IT Seven Inc. and you pertaining to your use of a Make IT
Seven Inc. Site, Services and Content and supercede
any prior agreements between you and Make IT Seven Inc. with respect to the
subject matter hereof. Make IT Seven Inc.'s failure to insist upon or enforce
strict performance of any right or provision of these Terms and Conditions shall
not constitute or be construed as a waiver of any right or provision. If any of
the provisions (or parts thereof) contained in these Terms and Conditions are
determined to be void, invalid or otherwise unenforceable by a court of
competent jurisdiction, such determination shall not affect the remaining
provisions (or parts thereof) contained herein. No changes to these Terms and
Conditions shall be made except by a revised posting on this page or except as
otherwise expressly contemplated herein. The parties have required that these
Terms and Conditions and all documents relating thereto be drawn up in English.