USE OF THIS MOBAFIRE.COM WEB SITE (AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED IN THIS WEB SITE) AND THE SERVICES OFFERED BY NORTH ROCK MEDIA INC. ("MOBAFire") ON MOBAFIRE.COM (COLLECTIVELY, THIS "WEB SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS FREE USER AGREEMENT (THIS "FREE USER AGREEMENT"). BY USING THIS WEB SITE OR, IF YOU ARE A REGISTERED USER, BY CLICKING ON THE "SUBMIT" BUTTON ON THE REGISTRATION PAGE: (1) YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO, THIS FREE USER AGREEMENT; AND (2) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS FREE USER AGREEMENT.
MOBAFire may change the terms and conditions of this Free User Agreement at any time. You will find notification of any such changes in the Membership area of this Web site. You will be responsible for regularly checking this area and for reviewing any such changes. In addition, the current Free User Agreement can always be found at the bottom of this Web site. By using this Web site after any such changes take place, you agree to be bound by such changes. If you do not agree to be bound by any such changes, you must immediately stop using this Web site.
Governing Law and Jurisdiction
Information related to your access or use of the Product, including, but not limited to, your personally identifiable information, may be transferred to the U.S. for storage and/or processing. Any such information may be subject to scrutiny pursuant to U.S. law, including, but not limited to, the Patriot Act.
These terms and conditions are effective until they are terminated by you or MOBAFire. You may terminate this Agreement at any time by contacting MOBAFire customer support to disable your account ID. These terms and conditions will terminate immediately without notice from MOBAFire if, in MOBAFire's sole discretion, you fail to comply with any material term or provision hereof or if MOBAFire believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of MOBAFire and/or its affiliates.
Ownership and Copyright
You acknowledge and agree that all portions of this Web site including all content, site design, text, graphics and the selection and arrangement thereof is owned by MOBAFire or its content providers and is protected by Canadian and international copyright and other intellectual property laws. You further acknowledge and agree that this Web site contains data and information of a proprietary and confidential nature. You agree not to use this Web site (including such data and information) for any purpose other than as set forth in this Free User Agreement and to use reasonable efforts to keep such data and information confidential.
All trademarks not owned by MOBAFire are the property of their respective owners.
Use of this Web Site
You may use this Web site only for your personal, noncommercial use. You may download or print hard copies of this Web site, or portions thereof, only in connection with such personal, noncommercial use, provided that such downloads and hard copies contain the following notice:
"Copyright © 2009 MOBAFire.com. All rights reserved."
You may not use or print hard copies of this Web site for any use other than your personal, noncommercial use. Except as expressly set forth in this Free User Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site or any portion thereof without MOBAFire's prior written consent.
MOBAFire shall have the right to: (i) restrict or prevent your access to this Web site (or any portion thereof) at any time without notice; or (ii) change or discontinue providing this Web site (or any portion thereof) at any time without notice. MOBAFire shall have no obligation to update this Web site or to correct any errors or omissions in this Web site.
MOBAFire may require you to become a registered user, pay certain fees, or comply with certain other terms and conditions before using certain portions of this Web site. In all such cases, this Free User Agreement shall continue to govern your use of such portions of this Web site.
Disclaimer of Warranties
THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "WHERE IS" BASIS. MOBAFire DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THIS WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER MOBAFIRE NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THIS WEB SITE OR ITS CONTENT. NEITHER MOBAFire NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE OR ITS CONTENT.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply.
Limitation of Liability
NEITHER MOBAFire NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS FREE USER AGREEMENT, THIS WEB SITE, ITS CONTENT OR THE USE OF, OR RELIANCE ON, THIS WEB SITE OR ITS CONTENT, WHETHER IN CONTRACT OR TORT, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A BREACH BY MOBAFire OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS FREE USER AGREEMENT.
MOBAFire'S AND ITS CONTENT PROVIDERS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS FREE USER AGREEMENT, THIS WEB SITE, OR THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO AN AMOUNT NOT TO EXCEED $1,000.
NEITHER MOBAFire NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT, EVEN IF MOBAFire HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.
You agree to indemnify, defend, and hold harmless MOBAFire and its affiliates from and against any and all claims, liabilities, losses, costs, or damages of any kind (including but not limited to attorneys' fees) arising from or relating to: (i) your use of this Web site; (ii) your breach of this Free User Agreement; or (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Forums (as defined below).
Third-party Web sites, Links, and Information
This Web site may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Web site. MOBAFire does not control this information or these products, services, or web sites and MOBAFire does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites. Inclusion of any of the foregoing in this Web site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with MOBAFire with respect to any third party, any third party's Web site or its content, or any information, products, or services provided by a third party.
Privacy and Information Made Available by You
You hereby acknowledge that MOBAFire may be disclosing the information provided by you through your use of this Web site to third parties and you hereby grant to MOBAFire your explicit permission to use and disclose any information provided by you through this Web site (including but not limited to information provided through e-mail) to such third parties, or made available through your use of this Web site, for any lawful purpose, without being required to compensate you in any way, unless you indicate otherwise in the Membership area of this Web site.
Use of Bulletin Boards, Chat Rooms, and Other Forums
MOBAFire does not make any representations or warranties regarding any bulletin boards, chat rooms, or other electronic forums made available on or via this Web site (collectively, "Forums") or any messages, information, or materials contained in the Forums. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials shall be at your sole risk. MOBAFire shall use reasonable efforts to comply with its policies regarding the Conversations, as such policies may be changed by MOBAFire from time to time (the "Forum Policy"). However, MOBAFire does not, and cannot, review all of the information and materials provided in the Forums and shall not be responsible for the contents of any such messages, information, or materials. MOBAFire reserves the right to delete, move, or edit any such messages, information, or materials that it determines, in its sole discretion, violate this Free User Agreement or the Forum Policy or are otherwise unlawful, inappropriate, or unacceptable.
To the extent that you use the Forums, you represent, warrant, and covenant that you shall: (i) comply with the Forum Policy; (ii) be solely responsible for your use of the Forums and any messages, information, and materials provided by you; (iii) not advertise or offer to sell goods or services of any kind; and (iv) not upload, post, publish, or transmit any messages, information, or materials which (a) restrict or inhibit any other user from using and enjoying this Web site, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of MOBAFire or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (h) contain any viruses or other harmful component.
By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Forums, you hereby grant to MOBAFire and its affiliates a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.
Governing Law and Jurisdiction
This Free User Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any choice-of-law or conflict-of-law provision or rule that would cause the application of the laws of any jurisdiction other than British Columbia. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the provincial and federal courts located in British Columbia, Canada, for any action or proceeding arising under or relating to this Free User Agreement, this Web site, or the use of, or reliance on, this Web site, whether based in contract or tort.
The parties have requested that these terms and conditions and all communications and documents relating hereto be expressed in the English language. Les parties ont exigé que cette entente ainsi que tout document s'y rattachant soient redigés dans la langue anglaise.
This Agreement shall constitute the entire agreement between you and MOBAFire regarding the subject matter hereof, and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
To the maximum extent possible, each provision in this Free User Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Free User Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Free User Agreement.
The Web site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.