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Terms of Service
When using Congo, ecovideo or video vault,
products and services, you agree to the following terms and conditions
(the "Terms of Service"). You can always check out the most current version
of these Terms of Service at this page. In addition, when using particular
Congo, ecovideo, or video vault services,
you shall be subject to any posted guidelines applicable to such services,
including the any applicable sweepstakes rules and any terms or conditions
applicable to Congo, ecovideo or video vault,
services provided in conjunction with any of Congo, ecovideo
or video vault's content and service partners. All such rules and guidelines
are hereby incorporated by reference into the Terms of Service. If you
do not agree to these Terms of Service please do not use the site and
do not register to be a member of Congo, ecovideo
or video vault's products and services. We reserve the right, at our discretion,
to change, modify, add, or remove portions of these Terms of Service at
any time. Please check these terms periodically for changes. Your continued
use of the Congo, ecovideo or video vault's
products and services following the posting of changes to these terms
will mean you accept those changes.
Overview
Congo, ecovideo and video vault, is a developer
of online, multi-media software which allows you to use or access a wealth
of our products and services. This will include resume construction, tips
for constructing your resume, and marketing ideas for the promotion of
your 3-dimensional resume. These Terms of Service apply to current Congo,
ecovideo or video vault, services as well
as any new products or services that we may add in the future (unless
stated otherwise).
General Terms of Service and Restrictions on Use
of Materials
By using Congo, ecovideo or video vault's
Services, you agree to be legally bound and to abide by the Terms of Service,
just as if you had signed this Agreement. If you do not comply with the
Terms of Service at any time, Congo, ecovideo
or video vault, reserves the right to terminate your access the Congo,
ecovideo or video vault, Service. Congo may
discontinue or alter any aspect of Congo, ecovideo
or video vault's Services, including, but not limited to,
(i) restricting the time Congo, ecovideo
or video vault's Services are available, (ii) restricting the amount of
use permitted, and (iii) restricting or terminating any user's right to
use Congo, ecovideo or video vault's Services,
at Congo, ecovideo or video vault's sole
discretion and without prior notice or liability. You are responsible
for all charges associated with connecting to Congo, ecovideo
or video vault's Services through an available access number. You are
also responsible for obtaining or providing all access lines, telephone
and computer equipment (including modem), or other device, necessary to
access Congo, ecovideo or video vault's Service.
You further certify that you are an individual.
In order to permit Congo, ecovideo or video
vault, to protect the quality of its products and services, you hereby
consent to Congo, ecovideo or video vault,
employees being able to access your account and records on a case by case
basis to investigate complaints or other allegations or abuse.
You acknowledge that Congo, ecovideo or video
vault's Service contains information, software, photos, video, text, graphics,
music, sounds or other material (collectively, "Content") that are protected
by copyrights, patents, trademarks, trade secrets or other proprietary
rights, and that these rights are valid and protected in all forms, media
and technologies existing now or here after developed. All Content is
copyrighted as a collective work under the U.S. and Canadian copyright
laws, and Congo, ecovideo or video vault,
owns a copyright in the selection, coordination, arrangement and enhancement
of such Content. The Congo, ecovideo or video
vault, name and logo are exclusively licensed to Congo Communications
Corporation. All other trademarks appearing on Congo, ecovideo
or video vault's Services are trademarks of their respective owners. Congo,
ecovideo or video vault's partners may also
have additional proprietary rights in the content which they make available
through Congo, ecovideo or video vault's
services. You may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any of the Content,
in whole or in part, except that you may download one copy of the materials
on any single computer for your personal, non-commercial home use only,
provided you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other purpose,
including use of any such material on any other web site or networked
computer environment is strictly prohibited. In the event you download
software provided by Congo, ecovideo or video
vault,, the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the
"Software") are licensed to you by Congo, ecovideo
or video vault. Congo, ecovideo or video
vault, does not transfer title to the Software to you. You may not redistribute,
sell, decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-readable form.
Registration
If you elect to register to use Congo, ecovideo
or video vault's Services and/or participate in any sweepstakes, contest,
or other services offered by Congo, ecovideo
or video vault you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by Congo, ecovideo
or video vault Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it accurate. If you provide any information that is untrue,
inaccurate, or incomplete, or Congo, ecovideo
or video vault has reasonable grounds to suspect that such is the case,
Congo, ecovideo or video vault has the right
to suspend or terminate your account and refuse any and all current or
future use of the Congo, ecovideo or video
vault Service (or any portion thereof).
Congo, ecovideo and
video vault's Privacy Policy
Pursuant to Congo, ecovideo or video vault's
privacy policy, we may disclose to third parties certain information contained
in your Registration Data or related data unless you choose to opt out
from such disclosures or in the good faith belief that such action is
reasonably necessary to comply with the law, legal process, or to enforce
the Terms of Service.
Community Standards and Conduct in Congo, ecovideo
and video vault
You acknowledge that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such
Content originated. This means that you are entirely responsible for all
Content that you post, email or otherwise transmit via Congo, ecovideo
or video vault's Services. Congo, ecovideo
or video vault does not control all of the Content posted via Congo, ecovideo
or video vault's Services and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using Congo,
ecovideo or video vault's Services, you may
be exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will Congo, ecovideo or
video vault be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed
or otherwise transmitted via Congo, ecovideo
or video vault's Services You agree to not use
Congo, ecovideo or video vault's Service
to:
- upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to,
a Congo, ecovideo or video vault's official,
guide or host, 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 Content transmitted through the Service;
- upload, post, email or otherwise transmit any 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, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
- upload, post, email 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 that are designated for such purpose;
- upload, post, email 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;
- interfere with or disrupt Congo, ecovideo
or video vault's Services or servers or networks connected to Congo,
ecovideo or video vault's Service, or disobey
any requirements, procedures, policies or regulations of networks connected
to Congo, ecovideo or video vault's Services;
- intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation,
the Toronto Stock Exchange, the Montreal Exchange, the CDNX, New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- "stalk" or otherwise harass another member or user of Congo, ecovideo
or video vault's Services; or
- collect or store personal data about other users, or members. It
is our policy to respect the privacy of all users. Therefore, in addition
to our Privacy Policy, we will not monitor, edit, or disclose the contents
of a user or member e-mail unless required in the course of normal maintenance
of Congo, ecovideo or video vault's Services
and its systems or unless required to do so by law or in the good-faith
belief that such action is necessary to: (1) comply with the law or
comply with legal process served on Congo, ecovideo
or video vault's Services; (2) protect and defend the rights or property
of Congo, ecovideo or video vault's; or
(3) act in an emergency to protect the personal safety of our users
or the public. You shall remain solely responsible for the content of
your messages.
Submissions
By posting or submitting content to this site, you grant Congo, ecovideo
or video vault's and its affiliates and licensees the right to use, reproduce,
display, perform, adapt, modify, distribute, have distributed, and promote
the content in any form, anywhere and for any purpose; and warrant and
represent that you own or otherwise control all of the rights to the content
and that public posting and use of your content by Congo, ecovideo
or video vault will not infringe or violate the rights of any third party.
If you send us creative suggestions, ideas, notes, drawings, or other
information (collectively, the "Submissions"), the Submissions shall be
deemed, and shall remain, the property of Congo, ecovideo
or video vault. None of the submissions shall be subject to any obligation
of confidence on the part of Congo, ecovideo
or video vault, and Congo, ecovideo or video
vault shall not be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, Congo, ecovideo
or video vault shall exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the provider
of the Submissions.
Links
Congo, ecovideo or video vault's Services
may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because Congo, ecovideo
or video vault has no control over such sites and resources, you acknowledge
and agree that Congo, ecovideo or video vault
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Congo, ecovideo
or video vault shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
Disclaimer
Congo, ecovideo or video vault uses diligent
efforts to maintain Congo, ecovideo or video
vault's Services, but Congo, ecovideo or
video vault is not responsible for any defects or failures associated
with Congo, ecovideo or video vault's Services
or any damages (such as lost profits or other consequential damages) that
may result from any such defects or failures. In addition, Congo, ecovideo
or video vault's makes no guarantees as to the sites and information located
worldwide throughout the Internet to which you may access as a result
of the use of the Congo, ecovideo or video
vault's Services, including as to: (i) the accuracy, currency, content,
or quality of any such sites and information, or (ii) whether any search
using Congo, ecovideo or video vault's Services
may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS
OF WARRANTIES:
CONGO, ECOVIDEO or VIDEO VAULT SERVICES ARE PROVIDED 'AS IS' AND YOU USE
IT AT YOUR SOLE RISK CONGO, ECOVIDEO or VIDEO VAULT EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, CONGO, ECOVIDEO or VIDEO VAULT MAKEs NO WARRANTY THATvCONGO,
ECOVIDEO or VIDEO VAULT'S SERVICES WILL MEET YOUR REQUIREMENTS, THAT IT
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS
OBTAINED FROM THE USE OF CONGO, ECOVIDEO or VIDEO VAULT'S SERVICES WILL
BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE EXCITE SERVICE WILL
MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CONGO,
ECOVIDEO or VIDEO VAULT'S SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM
CONGO, ECOVIDEO or VIDEO VAULT PERSONNEL OR THROUGH CONGO, ECOVIDEO or
VIDEO VAULT'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED
FOR IN THESE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONGO, ECOVIDEO or VIDEO VAULT
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONGRESUME
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE CONGO, ECOVIDEO or VIDEO VAULT'S SERVICES
AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM CONGO, ECOVIDEO or VIDEO VAULT'S SERVICES;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CONGO, ECOVIDEO or
VIDEO VAULT SERVICE; OR (v) ANY OTHER MATTER RELATING TO CONGO, ECOVIDEO
or VIDEO VAULT'S SERVICES OR OPERATION OF THE CONGO, ECOVIDEO or VIDEO
VAULT SWEEPSTAKES. IN NO EVENT SHALL CONGO, ECOVIDEO or VIDEO VAULT’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Further, given that any legal exclusions pertaining to any type of liability
or specifically aforementioned exclusions may not apply to you, by electing
to continue with a purchase of our products, you elect at your sole discretion
to use our services, and by doing so, regardless of any or all statutes
in place, consciously over-ride and elect to ignore said statutes from
applicability and absolve our firm from any and all liability with your
decision. With this election you accept that any and all consequences
of your decision are yours alone.
Tax Implications & Responsibilities
Congo, ecovideo or video vault will collect,
as part of the purchase arrangement, GST, PST or HST, as is applicable,
for all purchasers of our products. This is done automatically within
the employed e-commerce system. For our International clients, the 12%
HST tax charge is automatic, yet will be refunded to you with the applicable
notification by you, via e-mail, and completion of the applicable documentation
required by the Canadian federal authorities. Further, should any taxes
be applicable in any and all jurisdictions outside Canada, by purchasing
our product, you accept the liability and any debt and responsibility
associated with any payment owed to any authority requiring said tax burden.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE
FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD HARMLESS CONGO COMMUNICATIONS CORPORATION,
THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS,
LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS
FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS
OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF
YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON
OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY CONGO OF ANY UNAUTHORIZED USE
OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that Congo, ecovideo or
video vault's, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Congo, ecovideo
or video vault's Services, and remove and discard any Content within Congo,
ecovideo or video vault's Service, for any
reason, including, without limitation, for lack of use or if Congo, ecovideo
or video vault believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Service. Congo, ecovideo
or video vault may also in its sole discretion and at any time discontinue
providing Congo, ecovideo or video vault's
Services, or any part thereof, with or without notice. You agree that
any termination of your access to Congo, ecovideo
or video vault's Services under any provision of this Terms of Service
may be effected without prior notice, and acknowledge and agree that Congo,
ecovideo or video vault may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files or Congo, ecovideo
or video vault's Services. Further, you agree that Congo, ecovideo
or video vault shall not be liable to you or any third-party for any termination
of your access to Congo, ecovideo or video
vault's Services.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the
laws of the Province of Alberta, Canada, without giving effect to any
principles of conflicts of law. You agree that any action at law or in
equity arising out of or relating to these terms shall be filed only in
the provincial or federal courts located in Edmonton, in the province
of Alberta and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between you and Congo, ecovideo
or video vault relating to the subject matter herein and shall not be
modified by you except in writing, signed by both parties. The Terms of
Service will inure to the benefit of Congo, ecovideo
or video vault's successors, assigns and licensees.
Copyright and Copyright Notices
Congo, ecovideo or video vault respects the
intellectual property of others, and we ask our users to do the same.
Congo, ecovideo or video vault may, in appropriate
circumstances and at its discretion, terminate the accounts of users who
infringe the intellectual property rights of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide Congo, ecovideo or video vault
the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing
is located on the site;
- 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, made under penalty of perjury, 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.
-
Please contact Congo, ecovideo
or video vault for Notice of claims of copyright infringement at:
Congo Communications Corporation
#300 - 10209 97th Street NW
Edmonton Alberta, T5J 0L6
1.877.77.CONGO
1.877.772.6646
info@congo.cc
BC's ECOVIDEO Inc.
#305-560 Beatty Street
Vancouver BC, V6B2L3
1.877.77.CONGO
1.877.772.6646
info@ecovideo.ca |