Disclaimer

By using the service of Contac Services Inc. (“Contac”) you accept and agree to the following terms and conditions without any reservations, modifications, additions or deletions.  YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM AND WILL BE BOUND BY THEM.

You represent, warrant and covenant that you own or have the necessary licenses, rights, consents (including without limitation, all consents under applicable privacy laws) or permissions to upload, submit or otherwise deliver to Contac the pictures, graphics, data, text, messages, tags or other works of authorship (“User Submitted Content”) that you provide to Contac as part of using the Contac service.  You retain all of your ownership rights in your User Submitted Content. However, you hereby grant Contac a non-exclusive, perpetual, irrevocable, fully-paid, royalty free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish and perform the User Submitted Content for the purpose of providing you with the Contac service.  Contac endeavours to use reasonable security measures to protect against unauthorized access to your account and to any User Submitted Content.  Contac cannot, however, guarantee absolute security of your account or your User Submitted Content, and Contac cannot promise that its security measures will prevent third party “hackers” from illegally accessing your account or User Submitted Content.  You acknowledge that Contac is not responsible for keeping a back up copy of your User Submitted Content and Contac shall have no liability for the loss of User Submitted Content.  You further acknowledge that Contac may retain archived copies of your User Submitted Content.

THE CONTAC SERVICE IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS”. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF USER SUBMITTED CONTENT IS AT YOUR OWN RISK.  IN NO EVENT WILL CONTAC OR ITS LICENSORS BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR OTHER PECUNIARY LOSS, OR FOR LOSS OF DATA OR CORRUPTION OF FILES, EVEN IF CONTAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CONTAC OR ITS LICENSORS ARISING OUT OF OR RELATING TO THE USE OF THE CONTACT SERVICE EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE LIABILITY OR (B) $50.  THESE LIMITATIONS OF LIABILITY AND DAMAGES EXCLUSIONS APPLY TO ALL CAUSES OF ACTION AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY.  Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

This agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein excluding application of any conflict of laws principles that would apply a different body of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and the International Sale of Goods Act (B.C.).  In order to cooperate with legitimate governmental requests, subpoenas or court orders, Contac may access and disclose any information it considers necessary or appropriate, including, without limitation, User Submitted Content.

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