Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

WAZABEE.NET MEMBERSHIP AGREEMENT

The website wazabee.net (the "Site") is owned and operated by Spatial View Inc. ("Spatial View"). These terms and conditions of use ("Site Terms") apply to your use of the Site, and do not alter in any way the terms or conditions of any other agreement between you and Spatial View, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any other person such as a business company, or other entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Spatial View for violations of these Site Terms.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful and moral purposes. You agree not to access or use this Site if that would breach, contravene or offend any law or regulation to which you are subject. You represent, warrant and covenant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Canada or the country in which you reside.

The Site and its Contents

Unless otherwise indicated, you agree that all of the content featured or displayed on this Site, including, but not limited to, information, text, graphics, three-dimensional graphics, images and illustrations, data, photographic images, moving images, sound, illustrations, software, communications, messages, posts and the selection, organization and arrangement thereof ("Wazabee Content"), is owned by Spatial View and its licensors. To learn about access to and usage rights for Wazabee Content, please read our MEMBERSHIP AGREEMENT.

You agree that all Wazabee Content is the property of Spatial View and its licensors and is protected by intellectual property laws and regulations including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other proprietary rights.

Unless you have entered into a separate agreement with Spatial View, such as a MEMBERSHIP AGREEMENT, you agree that this Site is personal viewing purposes only, and that any other use of Wazabee Content without Spatial View's written permission is strictly prohibited.

You agree that the Wazabee Content may only be viewed and copied for your own, non-commercial home-use, personal or private educational purposes, provided that the Wazabee Content is not modified and that copyright and other intellectual property notices are not interfered with, altered, obscured, added to, or deleted. You may not create derivative works from or otherwise commercially exploit the Wazabee Content in any way. Spatial View reserves the absolute right to revoke such authorization at any time without prior notice to you, and any use by you shall be discontinued immediately upon such revocation from Spatial View.

Privacy Policy

Spatial View is committed to protecting your privacy. You agree and confirm that you have carefully read this Site's PRIVACY POLICY, and that you agree and accept those provisions as a part of this Agreement, including our right to collect, use and disclose your personal information.

Recency of Information

Spatial View updates the information on the Site regularly. However, you agree that Spatial View does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. Spatial View may revise and update these Site Terms at anytime and without notice. You agree to review the Site Terms posted on the Site periodically. Your continued access or use of, this Site, after any such changes are posted on this Site will constitute your acceptance of those changes.

Compliance with Laws

You agree that in accessing and using the Site you shall comply with all applicable laws, rules, regulations and by-laws of Canada. You represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that Spatial View is prohibited from communicating with and you agree that you shall not access this Site from such country or jurisdiction including, but not limited to, any jurisdiction that is on the Area Control List of the Exports and Imports Permit Act of Canada.

Use of the Site

You agree that the Site and the Wazabee Content are intended for Site visitors and customers of the Site. You agree not to use this Site or the Wazabee Content for any purpose not related to your personal interest in the Site. You are specifically prohibited from: (a) downloading, uploading, copying, or re-transmitting any Wazabee Content without, or in violation of, the written MEMBERSHIP AGREEMENT with Spatial View; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating, duplicating or otherwise displaying the Site or the Wazabee Content by using framing or similar navigational technology (whether by Phishing or otherwise); (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Wazabee Content for any reason whatsoever other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You agree that your access to, and permitted use, of this Site is a privilege and not a right or entitlement (whether by contract or otherwise), and that Spatial View may prohibit your access to, or use of, this Site at any time without prior notice to you upon any determination that such prohibition is in the best interests of Spatial View or other visitors to, or users of, this Site. Notwithstanding any of these Site Terms, You agree that Spatial View reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Rules of Conduct

You agree not use this Site, including any of the features and tools on this site, (including but not limited to e-mail, forums, chatrooms, or other), to communicate to others, to post on this Site, or otherwise transmit to this Site, any Wazabee Content that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, morally offensive, racist, criminal, quasi-criminal, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation.

Without limiting the generality of the foregoing, if this Site contains bulletin boards, chat rooms, image storage facilities or other message, image or communications facilities, e-mail, (collectively, "Forums"), you agree to use the Forums only to send, receive and post Wazabee Content that shall not, in any manner or to any extent, do any of the following:

  • commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
  • infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation, any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
  • delete any author attributions, trade-marks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded;
  • falsify the origin or source of software, information or other material contained in a file that is uploaded;
  • advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and
  • download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • upload, post or otherwise transmit any Wazabee Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, immoral, criminal, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Wazabee Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
  • upload, post or otherwise transmit any Wazabee Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post or otherwise transmit any Wazabee Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Site that are designated for such purpose;
  • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Wazabee Content or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange;
  • "stalk" or otherwise harass another;
  • collect or store personal data about other users; or
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.

Without limiting the foregoing, you acknowledge that you will comply with the terms of use of any services on the Site, such as free e-mail, forums, or other.

You acknowledge and agree that all Forums are public and not private communications. Further, you acknowledge that Wazabee Content posted, transmitted or communicated onto this Site by other users are not monitored, screened, sanctioned or endorsed by Spatial View, and such Wazabee Content shall not be considered reviewed, screened, or approved by Spatial View. Spatial View reserves the right for any reason to remove, at any time, without notice, any Wazabee Content of the Forums received from users, including without limitation bulletin board postings, blogs and message posts. Spatial View reserves the right to deny, in its sole and absolute discretion, any user access to this Site or any portion, including Forums, thereof without notice.

Links to other Websites

You acknowledge and accept that Spatial View makes no representation, warranty, covenant, or claim regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such websites are not under the control of Spatial View and Spatial View is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Spatial View provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Spatial View of any site or any information contained therein. When you leave the Site, you acknowledge and confirm that our terms and policies do not govern your access to, and use of, other websites. You accept our recommendations that you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

You agree that the inclusion of any such hyperlinks does not suggest, represent or imply that Spatial View monitors or endorses these websites. You agree that Spatial View does not accept any responsibility for such websites. You agree that Spatial View shall not be responsible or liable, directly or indirectly, for any costs, expenses, damage or loss, caused or alleged (whether arising in contract, tort, negligence or otherwise) to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. You agree that Spatial View shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Internet Software or Computer Viruses

You agree that Spatial View shall not be responsible or liable for any software, data corruption, computer viruses, worms, or other destructive, harmful or disruptive files or programs that may infect or otherwise detrimentally affect your use of any computer equipment, data, content or other property on account of your access to, use of, or browsing on this Site, including your downloading of any of the Wazabee Content from this Site. You agree and accept that this Site is not error, bug, virus, worm, or disruption free, and you accept all risks associated with your use of, and access to, this Site on a "as is" basis. You agree that you are responsible for installing all necessary and appropriate anti-virus or other protective software.

Disclaimer

UNLESS OTHERWISE AGREED TO IN WRITING BY SPATIAL VIEW, YOU AGREE AND ACCEPT THAT: THIS SITE, AND ALL OF ITS OPERATIONS, SHALL NOT BE ERROR FREE OR UNINTERRUPTED; THE SITE, THE WAZABEE CONTENT SHALL NOT NECESSARILY MEET YOUR REQUIREMENTS; THE SITE, ANY WAZABEE CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL NOT BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; AND THE SITE, WAZABEE CONTENT ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR COVENANTS OF ANY KIND; AND ALL WARRANTIES, REPRESENTATIONS OR COVENANTS WHETHER EXPRESS OR IMPLIED REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TRUTH, QUALITY, COMPLETENESS, SUITABILITY, RELIABILITY, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, OF THE SITE, WAZABEE CONTENT ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION.

Exclusion of Liability

BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS OF, AND USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, THIRD PARTY, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, OR ANY OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER OR NOT SUCH LIABILITY OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTORILY, OR OTHERWISE, INCLUDING ANY CONNECTION WITH THE ACCESS TO, THE USE OF, THE INABILITY TO USE, RELIANCE ON OR BROWSING OF THIS SITE OR IN CONNECTION WITH ANY WAZABEE CONTENT, CONTENT, INFORMATION, DATA, PROMOTIONS, ACTIVITIES, ASSOCIATED WITH THIS SITE, OR IN CONNECTION WITH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY TRANSMISSION DEFECTS, VIRUSES, BUGS, WORMS, DESTRUCTIVE FEATURES, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. BECAUSE THE LAWS OF SOME PROVINCES, STATES AND COUNTRIES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH LOCATIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE AND CONFIRM THAT THIS LIMITATION ON LIABILITY IS FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT.

Indemnification

You agree to defend, indemnify and hold harmless Spatial View and their respective directors, officers, shareholders, partners, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, loss, harm, costs, liabilities and expenses (including, but not limited to, reasonable lawyers’ fees) arising out of or in any way related to your access to and use of this Site, including any materials (or other content) that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation, warranty or covenant contained herein, your unauthorized use of the Wazabee Content, or your violation of any rights of an other person.

E-mail

Feel free to e-mail Spatial View at info@spatialview.com. You acknowledge and agree any information sent to Spatial View will not be treated as confidential unless otherwise agreed upon by Spatial View.

You represent, warrant and covenant that you shall not email Spatial View any messages, materials, information, or communication (collectively "E-mail Communications") that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, morally offensive, racist, criminal, quasi-criminal, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation.

You acknowledge and agree that the Internet is not a secure medium and any E-Mail Communications may be lost, intercepted or altered and that there is absolutely no obligation on Spatial View to reply, respond, acknowledge or guarantee receipt of any E-Mail Communications. You acknowledge and agree that Spatial View expressly denies and disclaims any liability for any costs, expenses, damage or loss, caused or alleged (whether arising in contract, tort, negligence, equity, statutorily or otherwise) to be caused by or in connection with E-Mail Communications to or from this Site.

Applicable Law

This Site is controlled, operated and administered by Spatial View from within the Province of Ontario, Canada. This Site may be accessed by you from all provinces and territories of Canada. This Site is technically capable of being accessed from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this Web site, you agree and consent that all matters relating to access to, or use of this Site shall be governed by the sole and exclusive laws of the Province of Ontario and the federal laws of Canada applicable therein, and excluding the body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods, if applicable. You agree that the closest and most convenient connection for this Site, and the transactions contemplated thereby, is with the Province of Ontario, Canada.

You also agree, consent and acknowledge that you do so voluntarily that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario.

If Spatial View is obligated to go to court, to enforce any of its rights, or to collect any fees, you agree to reimburse Spatial View for its legal fees, costs and disbursements if Spatial View is successful.

Severability

If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. If any provision or part thereof of these Site Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. In the event that an enforceable replacement for such provision cannot be reached, you agree that (i) such provision shall be excluded from these Site Terms, (ii) the balance of these Site Terms shall be interpreted as if such provision were so excluded and (iii) the balance of these Site Terms shall be enforceable in accordance with the terms as interpreted in accordance with (ii) above mentioned.

General

You agree that any waiver of any provision of the Site Terms shall only effective if in writing and signed by Spatial View. Spatial View's failure to insist upon or enforce strict performance of any provision of these Site Terms shall not be construed as a waiver of any provision or right.