(b) We reserve the right to change the Services at any time, without notice.
2. Additional Terms
(b) You represent and warrant to us that any data, information, records and files that you load, transmit to or enter into the Services will only contain Personal Information for which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Services.
4. Ownership of the Services
All right, title and interest, including intellectual property rights, in the Services, the source code in the software we use to provide the Services (the “Software”) and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Espresso (or our third-party suppliers, if applicable).
The Services and all materials provided by us hereunder are licensed and not sold nor transferred to you. The Software and all other materials provided by us hereunder, including content we make available through or by the Services, are protected by copyright in Canada, the United States and elsewhere in the world pursuant to the Berne Convention. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of the Services, the Software or other materials provided by us hereunder, or sharing and/or granting access in any of the foregoing to any third party for any purpose.
ESPRESSO, ESPRESSO CAPITAL and the TREE DESIGN (collectively, the “Trademarks”) are registered Trademarks or trade names of Espresso Capital Ltd. Any Trademarks, graphics or logos appearing in the Service are the exclusive property of Espresso (or its third-party suppliers) and may not be used in any manner without our express written consent. Misuse of any Trademarks, or any other content, displayed on the Services is prohibited.
5. User Responsibilities
You agree to:
(a) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy any export control laws;
(b) upload and disseminate only data, information, records and files to which you own or have obtained all required rights and permissions under law and do so only consistent with applicable law;
(c) use reasonable efforts to prevent unauthorized access to or use of the Services;
(d) keep User IDs and all other login information confidential;
(e) monitor and control all activity conducted through you account in connection with the Services; and
(f) promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account.
6. No Unlawful or Prohibited Use
Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:
(a) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Services any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
(b) harvest or otherwise collect or store any information (including Personal Information) about other users of the Services, including e-mail addresses, without the express consent of such users;
(c) share, transfer or otherwise provide access to an account designated for you to another person;
(d) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack);
(e) attempt to gain unauthorized access to the Services;
(f) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code; or
(g) use the Services to build or create a similar or competitive product or service; or
(h) authorize, permit, enable, induce or encourage any third party to do any of the above.
7. Third Party Content, Websites or Services
8. Malicious Code and Security
The downloading and viewing of content are done at your own risk. We do not guarantee or warrant that the Services are compatible with your computer system or that the Services, or any links from the Services, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Services.
You are prohibited, from attempting to circumvent, or from violating the security of the Services, including without limitation: (a) accessing content that is not intended for you; (b) attempting to or breaching the Services security or authentication measures; (c) restricting, disrupting or disabling service to Services users, hosts, servers or networks by any means; or (d) otherwise attempting to interfere with the proper working of the Services, including but not limited to by introducing any material that is malicious or technologically harmful.
9. Communications Not Confidential
We do not guarantee the confidentiality of any communication made by you through the Services.We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Services.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
11. Limitation of Liability
You will defend, indemnify and hold harmless us, our affiliates and service providers, and each of their and our respective officers, directors, employees, agents, advisors, licensees, successors and assigns from and against all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees and disbursements, arising out of or in connection with:
(b) your violation of any law or the rights of a third party (including intellectual property rights); or
(c) your use or the use by any third party using your User ID of the Services.
13. Term and Termination; Survival
14. Geographical Restrictions
Espresso makes no representation that the Services are available for use in locations outside Canada or all locations within Canada. We provide these Services for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
15. General Provisions