Terms of Service and Conditions of Use

TERMS OF SERVICE AND CONDITIONS OF USE

METARANX SOFTWARE INC.


Last Updated: June 30, 2020

  1. OUR PURPOSE

Metaranx allows users to build their own artificial intelligence (“AI”) in a user-friendly and accessible manner without using code, and to share, sell and integrate their creations in an open source online marketplace. The AI created by our users is referred to herein as “User AI” (as further defined in Section 9).

  1. ACCEPTANCE OF THE SERVICES TERMS AND CONDITIONS OF USE

These terms and conditions of use (these “Terms”) constitute a legal agreement and are entered into by and between each visitor or user (“User” or “you”) and Metaranx Software Inc. (“Metaranx,” “we,” “us,” “our”). These Terms govern your access to and use of the Metaranx platform and online marketplace, including any content, functionality, and related services offered on or through our website (“Site”) at www.metaranx.com including the AI Marketplace (“Marketplace”, and (collectively, the “Services”).

These Terms incorporate by reference our Privacy Policy (the “Privacy Policy”) and our Cookie Policy (the “Cookie Policy”) and our Software License (the "Software License").

BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY AND COOKIE POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY OR COOKIE POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

By using the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Metaranx and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. You are solely responsible for ensuring that your use of the Services is in compliance with all applicable laws.

  1. MODIFICATIONS OF THE TERMS

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review these Terms in order to be aware of any modifications and your continued use shall be your acceptance of these Terms.

The information and material on the Services, and the Services, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period.

  1. SECURITY

The security of your personal information is very important to us. As more particularly described in the Privacy Policy, we use various measures to secure your personal information.

Users are responsible for obtaining their own access to the Services and must ensure that all persons who access the Services through a User's internet connection are aware of these Terms and comply with them.  

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk, and we are not responsible for circumvention of any privacy settings or security measures contained on the Services.

  1. YOUR USER ACCOUNT

In order to access and use the Services, you must first create and register a user account with Metaranx (“Account”). It is a condition of your use of the Services that all the information you provide in connection with your use of the Services is correct, current, and complete.

You must use only your own Account, and you are solely responsible for any activity occurring through your Account. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an Account, your Account is personal to you and you are responsible for any password misuse or any unauthorized access.

As further described at paragraph 6 (vii), we reserve the right to disable, suspend, terminate or delete your Account, User information, and/or your ability to use the Services in our sole discretion in accordance with these Terms.

  1. YOUR USE OF THE SERVICES: GENERAL RULES AND RESTRICTIONS
  1. You may only use the Services for your personal and lawful use. Any and all other uses are prohibited.
  2. You are responsible for obtaining your own access to the Services via the internet.
  3. You will ensure that all persons who access the Services through your Account are aware of these Terms and comply with them.
  4. You will not attempt to circumvent the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or applicable authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (e) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (g) otherwise attempting to interfere with the proper working of the Services and/or Metaranx’s ability to monitor the Services.
  5. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
  6. You are solely responsible for identifying, reviewing and complying with the proprietary licences and copyright of any and all open source and paid items, including User Uploads, that you use in connection with the Services.
  7. We reserve the right at any time and from time to time, in our sole discretion and without notice, to disable, suspend or terminate your Account and/or ability to access or use the Services or parts thereof, and to remove and delete any and all information associated with the Account or created through your use of the Services, including User AI, User-uploaded data and any other User information, for any or no reason, including for any violation of these Terms or of the laws of any jurisdiction the Services may be accessed in. We are not required to provide any access, notice, or compensation to any User whose Account or associated information has been affected by the exercise of our rights in accordance with these Terms, and you acknowledge and agree that Metaranx has no responsibility to you or liability whatsoever in connection with the exercise of our rights in accordance with these Terms.
  8. We reserve the right to take any and all appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
  1. USE OF THE MARKETPLACE

Without limiting any other obligations or prohibitions in these Terms, in connection with using or accessing the Marketplace, you will not:

  1. post, list, or upload content in contravention with these Terms;
  2. fail to deliver User Content sold by you except for circumstances in which the buyer has failed to comply with your applicable terms;
  3. transact for User Content other than through the Marketplace except with our express prior consent;
  4. manipulate the price of any User Content or interfere with any other User’s listings;
  5. post false, inaccurate, misleading, deceptive, defamatory or libelous content or information;
  6. take any action that may undermine the integrity of the Marketplace; or
  7. transfer your Account to any other party without our prior consent.
  1. PURCHASES AND PAYMENTS

Certain functionalities of the Services are available by purchase only, including those that allow you to train AI models, store AI models, make a purchase or a sale on our marketplace, integrate with an API, and make a call to an API. Users will be informed of the cost of each purchase prior to agreeing to each purchase. Purchases may not be made on a subscription basis.

In order to make a purchase, you will be required to provide payment information, including your credit card information, at the time of purchase. We use a third-party payment processor (“Payment Processor”) to effect all purchases. When making a purchase, in addition to these Terms, the Payment Processor’s terms and conditions and privacy policy will govern your payment (at the moment, we use Stripe as our Payment Processor: https://stripe.com/en-ca/checkout/legal). You agree that by making a purchase, you agree to and will pay all applicable fees in accordance with the terms of the applicable transaction and in accordance with the terms and conditions and policies of the Payment Processor.

You acknowledge and agree that Metaranx does not represent either of the seller or buyer in any specific transaction and, further, that Metaranx does not control and is not labile to or responsible for the quality, lawfulness or availability of any User Content offered for sale on the Marketplace, or the ability of a seller to complete a sale or the ability of buyers to complete a purchase.

  1. FEES

We charge fees for using our Services, such as:

  1. purchases on the Marketplace;
  2. sales on the Marketplace;
  3. training of AI models;
  4. storage of AI models;
  5. making API calls; and
  6. integration with an API on the Marketplace.
  7. Certain functionalities of the Services are available by purchase only, including those that allow you to train AI models, store AI models, make a purchase or a sale on our marketplace, integrate with an API, and make a call to an API. Users will be informed of the cost of each purchase prior to agreeing to each purchase. Purchases may not be made on a subscription basis.

Users will be informed of the cost of each purchase prior to agreeing to each purchase.

We may change our fees from time to time by updating these Terms, which changes will take effect two weeks thereafter.

  1. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Metaranx, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Metaranx name, the Metaranx logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of Metaranx or its affiliates or licensors. You must not use such marks without the prior written permission of Metaranx. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on the Services are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Services as set out in these Terms and in accordance with your applicable API license agreement, if any. Use of the User AIs will be at all times subject to these Terms and the terms applicable to such User AIs made available at the time of purchase and/or download (“User AI Terms”). for your personal use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
  3. one single User copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads;
  4. in the event social media platforms are linked to certain content on our Site, you may take such actions as our Services and such third-party social media platforms permit; and
  5. as otherwise expressly permitted by these Terms and the applicable User AI Terms.

Users are not permitted to modify copies of any materials from the Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.  

If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by Metaranx. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us in writing with the following information:

  • a description of the copyrighted work that you claim has been infringed upon;
  • a description of where the allegedly infringing material is located on the Marketplace
  • your address, telephone number, and email address;
  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  1. CONDITIONS OF USE AND CONTENT STANDARDS  

As a condition of your access and use, you agree that you may use the Services only for lawful purposes and in accordance with these Terms.

The following content standards apply to any and all content, material, applications and information a User uploads, submits, posts, publishes, displays, or transmits to the Services, to other Users or other persons ("User Uploads") and any and all creations built by you through your use of the Services (“User AI”) (together, “User Content”). Any and all User Content must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service.

Without limiting the foregoing, you warrant and agree that your User Content and your use of the Services shall not:

  1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others).
  2. In any manner contain any material or create any functionalities that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, our Privacy Policy, and our Cookie Policy.
  3. In any manner violate the terms of use of any third-party website that is linked to the Services, including but not limited to, any third-party social media website.
  4. Include or contain any material or create any functionality that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made our sole discretion.
  5. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
  6. Involve, provide or contribute any false, inaccurate or misleading information.  
  7. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Uploads, User AI and Content Standards as set out in these Terms.
  8. Impersonate or attempt to impersonate Metaranx, a Metaranx employee, another User, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  9. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  10. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Metaranx or Users of the Services or expose them to liability.
  11. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  12. Promote or facilitate any illegal activity, or advocate, promote, or assist any unlawful act.
  13. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
  1. USER CONTENT AND GRANT OF LICENSE

The Services allow User Uploads.

None of the User Uploads you submit to the Site will be subject to any confidentiality protections other than insofar as User Uploads are only accessible by other Users. By providing any User Uploads to the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material as required to give effect to the Services and these Terms, in all cases according to your account settings.

By submitting User Uploads, you declare and warrant that you own or have the necessary rights to submit User Uploads and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms. You represent and warrant that all User Uploads comply with applicable laws and regulations and the User Uploads, User AI and Content Standards set out in these Terms.

You understand and agree that you, not Metaranx nor Metaranx’s affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Uploads you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Uploads submitted by you or any other User.

You agree that you will not submit User Uploads which are, or contain materials which are, illegal, exploitive, harmful, threatening, abusive, hateful, defamatory, obscene, discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or other such legally prohibited grounds, infringing of intellectual property rights, infringing of other legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, our Privacy Policy, and our Cookie Policy. Metaranx reserves the right and absolute discretion to remove any User Uploads without notice or financial compensation to the affected parties.

  1. SITE MONITORING AND ENFORCEMENT

Metaranx has the right, without provision of notice, to:

  1. Remove or refuse to post on the Services any User Uploads for any or no reason in our sole discretion.
  2. At all times, take such actions with respect to any User Uploads deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
  3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
  4. Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS METARANX AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY METARANX AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER METARANX OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

You acknowledge and agree that Metaranx has no obligation, nor any responsibility to any party to monitor User Uploads, and that User Uploads are not necessarily regularly reviewed. Accordingly, we do not guarantee the timely removal of objectionable materials contained in User Uploads and, subject to applicable laws, we have no liability for any action or inaction by third parties in respect of User Uploads. Without limiting the foregoing, we reserve the right to monitor, remove, or edit User Uploads which, in our sole discretion include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.

  1. THIRD PARTY WEBSITES

For your convenience, the Services may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Services. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

  1. PRIVACY AND COMMUNICATIONS

By submitting your personal information and using the Services, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such information and User Uploads in compliance with our Privacy Policy, as we deem necessary for use and provision of the Services.

By using the Services, you consent to Metaranx contacting you via email, text message (SMS), mobile push notifications, or other electronic communications, in each case in accordance with our Privacy Policy.

By using the Services you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether or not to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Services may not function adequately. For more information on this automated information gathering practice, see our Cookie Policy.

  1. GEOGRAPHIC RESTRICTIONS

The owners of Metaranx are based in Ontario in Canada. We provide the Services for use by persons located in Canada, and by persons located in any other jurisdiction where use of the Services is permitted by the laws of that jurisdiction, provided that the services provided by our Payment Processor are supported in that jurisdiction. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

  1. INDEMNIFICATION AND RELEASE

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Metaranx, our affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Services, including, but not limited to, your User Uploads, User AI, third-party sites, any use of the Services’ content, services, and products other than as expressly authorized in these Terms.

Your interactions with third parties and/or any Payment Processor are solely between you and such party. To the maximum extent permitted by law, you hereby release Metaranx, our affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors from any and all claims arising from your interaction with any third party and/or Payment Processor.

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCE WILL METARANX NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SERVICES CONTENT, MATERIALS, POSTING, UPLOAD OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.  

TO THE EXTENT THE FOREGOING EXCLUSIONS ARE PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT METARANX’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE NATURE OF THE CLAIM WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100).

  1. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER METARANX NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER METARANX NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

  1. GOVERNING LAW AND JURISDICTION

The Services and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the Services and under these Terms will be instituted in the courts of city of Toronto in the Province of Ontario and/or the Federal Court of Canada and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

  1. WAIVER

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

  1. SEVERABILITY

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. ENTIRE AGREEMENT

These Terms and our Privacy Policy and Cookie Policy  constitute the sole and entire agreement between you and Metaranx regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

  1. REPORTING AND CONTACT  

Should you become aware of misuse of the Services including libellous or defamatory conduct, you must report it to Metaranx at samantha@metaranx.com.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to our contact form.