My Internet Corporation • miLifemap.com
- My Internet Corporation (collectively, "we," "us" or "mi Corp.") owns and operates the miLifemap.com web, iPhone, iPad and Android application (collectively, the "Application"), through which we provide an exclusive storage, backup and file sharing service dedicated to providing unique benefits to our users (our Application and such services, collectively, our "Service"). Your use of our Service is subject to the following Terms and Conditions of Use (the "Terms").
- In order to use the Service, you may be required to download software or content and/or agree to additional terms and conditions ("Additional Terms"). Unless otherwise provided therein, any Additional Terms are hereby incorporated into this Agreement.
- By accessing the Service, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein.
- IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SERVICE.
- WE RESERVE THE RIGHT TO MODIFY, MAKE CHANGES TO AND AMEND THESE TERMS FROM TIME TO TIME, FOR ANY REASON, AND WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE SERVICE AFTER CHANGES HAVE BEEN POSTED INDICATES YOUR ACCEPTANCE OF ANY CHANGES. IT IS THEREFORE IMPORTANT THAT YOU REVIEW THIS AGREEMENT REGULARLY TO ENSURE YOU ARE UPDATED AS TO ANY CHANGES.
- Use of the Service is void where prohibited by law. By using the Service, you represent and warrant that: (i) all registration information you submit to us is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; and (iv) your use of the Service does not violate any applicable law or regulation.
- We reserve the right in our sole discretion, for any reason, at any time and without liability to: (i) refuse registration of, or cancel, any account; (ii) restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, and without liability; and (iii) remove your profile, and any uploaded Content (as such term is defined below), from the Service. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service.
- Your access to your account will be through a user ID and password that you will create (your "Credentials"). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify us of any unauthorized use of your Credentials.
- We presently offer both free accounts ("Free Account") with a limited amount of storage and paid premium accounts ("Paid Account") with greater amounts of storage and additional functionality. When you sign up, you are immediately granted a "Free Account" for the Service. At any point you may purchase a "Paid Account", which provide you, on a subscription basis, with additional storage capacity.
- If your account reaches the storage limits of your Free Account or your Premium Account, as the case may be, you will not be able to upload or post additional Content until such time as you delete Content from your existing Account or purchase additional storage capacity through a Paid Account.
- You may terminate your Account at any time, for any reason, by following the instructions on the account settings page. If you elect to terminate your Paid Account, you will have access to the additional storage made available to you with your Paid Account until the expiry of the period for which you have paid. In no event will you be entitled to a refund if you terminate any Paid Account. Once a Premium Account is terminated, you will be granted access to the Service made available to holders of a Free Account; however, you will be required to reduce your Content on the Service to meet the storage limitations set for a Free Account.
- As a member, you may not have more than one membership account in your own name, but (as explained below) you may create and/or inherit Subaccounts. You may not open an alternative account if your account is suspended, or terminated for any reason. Except as explained below, you may not sell, trade, or transfer an account to another person, nor accept or use an account that was not originally yours. If you or any other member violates these Terms, the respective account(s) may be terminated immediately.
- This Agreement shall remain in full force and effect while you use the Service. You may terminate your membership at any time, for any reason, by following the instructions to delete your account on the "Settings" page located at www.miLifemap.com/settings.
- The Service includes functionality that permits you to upload text, images, audiovisual media and other forms of intellectual property (collectively, "Content") to the Service. With the exception of Feedback (as defined below), any Content that you post on or through the Service belongs to you. For clarity, "Content" does not include non-identifiable aggregate data compiled by us for purposes of improving, maintaining, and/or optimizing the Service. We do not have any obligation, but may elect, to monitor the Content that is posted to the Service, for any purpose and we reserve the right, in our sole discretion, to reject, refuse to post or remove any of your Content (including private messages).
- The Service also allows you to share some or all of Content ("Shared Content"). If you choose to, you can share all or some of your Content with specific individuals you select, as described below. If you decide to share your Content, you are giving certain legal rights, as explained below, to those individuals who you have given access to your Content.
- When you share Shared Content with another person you are granting that person certain rights in that Shared Content. If that person is not a user of the Service, you are deemed to grant that person a non-exclusive, non-commercial, fully paid and royalty-free, worldwide, limited right and license to access and view that Shared Content. If the person who you share Shared Content with has an account on the Service (a "mi User"), different rights apply. In addition to the rights granted to non-account holders (as specified in the preceding sentence), you grant such mi User a perpetual, irrevocable non-exclusive, non-commercial, fully paid and royalty-free, worldwide, limited right and license to copy, reproduce and use such Shared Content. (Think of this in terms of email. When you send a person an email with Content attached, that person – once you have hit 'send' - can effectively do whatever he or she wants with that email. The same applies here. If you share Shared Content with another mi User, that mi User can use that Shared Content for any purpose except commercial use, even after you terminate your Membership. If you do not want other people to be able to use your Content in this manner, then simply do not share your Content with other mi Users.)
- Notwithstanding the foregoing, you should be aware that Content or Shared Content may be protected by intellectual property rights which are owned by a third party (i.e. wedding photographers often retain attribution rights in wedding photos.) Accordingly, before you share Shared Content, you should confirm that you have all rights necessary to grant the rights stated in the preceding paragraph. If you do not have all such rights, you should not share the Shared Content. Similarly, if someone shares Shared Content with you, you should not use the Shared Content in any manner not authorized herein.
- For clarity, because all rights granted in Shared Content are deemed non-commercial, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content(s) (either in whole or in part) of another mi User's Shared Content unless you have been specifically told that you may do so in writing by the rightful owner of that Content, in a separate agreement.
- You represent and warrant to mi Corp. that:
- you understand and agree that you are responsible for all Content you upload to the Service;
- you have the right to upload that Content and to grant to us all rights granted herein and that our use (or any other party's use as permitted herein) of the Content will not violate or infringe the rights of any third party (including, without limitation, copyright, trademark rights, personality rights or privacy rights);
- the Content is your own original work, or you own or have acquired, all necessary rights to upload and disclose the Content;
- the Content is true, accurate and complete;
- your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with mi Corp. or any of its clients or obligate mi Corp. or any of its clients to treat your Content (or any related materials) as secret or confidential;
- If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that: (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our successors and assigns; and (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release mi Corp. and its licensees, successors and assigns, from any claims that you could otherwise assert against each of the foregoing by virtue of any such moral rights.
- You are responsible for all Content you post to the Services, and we assume no responsibility therefor. You may expose yourself to liability if, for example, your Content contains material that: (i) is false, intentionally misleading, or defamatory; (ii) violates any third-party right; (iii) contains material that is unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation. Accordingly, you agree that any and all Content supplied by you shall comply with these Terms and any review guidelines that may be posted by us from time to time. In addition, and you agree, without limitation, not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following ("Objectionable Content"):
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial national or international law, including, without limitation, securities regulations;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, social security/information numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; or
- Content or links to content that, in the sole judgment of mi Corp.: (a) violates the previous subsections herein; (b) is objectionable; (c) which restricts or inhibits any other person from using or enjoying the Service; or (d) which may expose mi Corp., its licensors, partners, suppliers, consultants and agents and each of their affiliates, or its users to any harm or liability of any type.
- We are not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Content or anything said, depicted or written by users in their Content, including without limitation, any information obtained by using the Service. We do not endorse anything contained in the Content or any opinion, recommendation or advice expressed therein and you understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the integrity, and accuracy of such Content.
- We may preserve your Content and may also disclose such Content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that your Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of mi Corp., its users and the public.
- Unlike other services, we give you the right to appoint an eBeneficiary for your account. This means that, upon your death, your Content will not immediately be deleted from the Service, but rather will be transferred to your eBeneficiary as described below (the "eBeneficiary Process").
- When you appoint an eBeneficiary, they will be required to open an account and connect with you on the Service to trigger the eBeneficiary Process (i.e. following your death.) Given that you may (and hopefully will!) live a long and healthy life, make sure the eBeneficiary is someone you trust. You can always revoke access to an eBeneficiary and change eBeneficiaries at any time, as set forth in the following paragraph.
- When you appoint an eBeneficiary, that person will receive a notification that he or she has been appointed as your eBeneficiary and he or she will have the option to accept or refuse such appointment. Becoming an eBeneficiary creates certain contractual rights and obligations, so an eBeneficiary must agree to be bound by the provisions set forth in these Terms when he or she accepts the appointment. You can revoke the appointment of an e-beneficiary at any time by logging into your account and changing your eBeneficiary or deleting your eBeneficiary altogether. If you elect to change your eBeneficiary as noted in the foregoing sentence, the eBeneficiary will be notified of such.
- If you have appointed an eBeneficiary, upon your death, the eBeneficiary shall provide a notice to us advising us of your death. At that point, we will send one email per day for a pre-specified period (as determined by you, the "Notice Period") indicating that we have been notified of your death by the eBeneficiary. If you do not respond to any of those emails during the pre-specified period, we will consider the eBeneficiary's notice to be accurate and the eBeneficiary Process will be commenced. (This procedure is put in place to ensure that the eBeneficiary is not prematurely triggering the eBeneficiary Process.) Once the Notice Period has expired and the eBeneficiary Process commenced, all Content and Shared Content within your account will be transferred within a subaccount to your eBeneficiary's account. Please note that your eBeneficiary will be required to connect his or her account to your account prior to the commencement of the eBeneficiary Process for such transfer of Content to occur.
- By appointing an eBeneficiary, you will be deemed to have granted to your eBeneficiary upon your death a non-exclusive, non-commercial, fully paid and royalty-free, worldwide, limited right and license to access, view, copy, reproduce and use and all of your Content and Shared Content.
- Content placed into an eBeneficiary's subaccount will not count toward the storage limit of the eBeneficiary's account for a period of 60 days from the commencement of the eBeneficiary Process (the "Grace Period"). During the Grace Period, the eBeneficiary will have the option of keeping all of your Content and/or Shared Content, keeping some of your Content and/or Shared Content or downloading or deleting your Content and/or Shared Content. To the extent your eBeneficiary keeps any of your Content and/or Shared Content, that Content will, after the expiry of the Grace Period, count towards your eBeneficiary's storage limit and may, as a consequence, require your eBeneficiary to purchase a Paid Account or upgrade to a Paid Account with more storage capacity. If your eBeneficiary does not access your Content or Shared Content during the Grace Period then, upon expiry of the Grace Period, all of your Content and/or Shared Content will automatically be transferred to your eBeneficiary's account. Again, this may, as a consequence, require your e-beneficiary to purchase a Paid account or upgrade to a Paid Account with more storage capacity. For clarity, your eBeneficiary will not have any right to add, modify or delete any of your Content and/or Shared Content while using the Services, but to the extent that you have authorized the Service to post Content from other sources (see "Links/API", below), any Content posted to such other sources will continue to be posted to your Content following your death.
- If you agree to become a person's eBeneficiary you acknowledge and agree to the foregoing.
- The Service also permits you to create sub-accounts within your account, for your children who are below the age of majority in your jurisdiction, or other people who have authorized you to create an account on their behalf ("Sub-Accounts").
- Sub-Accounts operate in the same way as your Account, in that you may add and remove Content from them and share Content within them. In this respect, they also contribute to your storage limit for your account. However, Sub-Accounts also have the added characteristic that they may be transferred to the person for whom you have created the Sub-Account. Once transferred, Sub-Accounts become the primary account for the person for whom the Sub-Account was created (and no longer contribute to your storage capacity.) For instance, if you have created a Sub-Account for your child, and you wish for your child to assume full carriage of that account when they become the age of majority, you may transfer the Sub-Account to your child, by following the steps set forth in the subaccount's settings.
- Although transferring a Sub-Account to the person for whom it was created transfers control of that account, you are still responsible for all Content and Shared Content uploaded or contained in the Sub-Account prior to the transfer of the Sub-Account, and you hereby acknowledge and agree that transferring the Sub-Account does not release or absolve you of, or waive in your favour, any liability in connection with the Sub-Account. Similarly, once you assume a Sub-Account as your primary account, you agree to be bound by all provisions of these Terms.
Code of Conduct
- In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. The Service is for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.
- In addition to the prohibition on posting, publishing or transmitting any Objectionable Content as set forth above, you agree not to do any of the following while using, or otherwise in connection with, the Service:
- access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our clients or providers;
- attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures used in connection with the Service;
- attempt to access or search the Service or any Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by mi Corp. or other generally available third-party web browsers (such as Microsoft Internet Explorer, Google Chrome or Mozilla Firefox), including but not limited to browser automation tools;
- send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or plant malware on mi Corp.'s computer system, those systems of mi Corp.'s providers, or otherwise use the Service to attempt to distribute malware;
- impersonate or misrepresent your affiliation with any person or entity;
- use the Service for any illegal, criminal or tortious activity; or
- use the Service to harass, abuse, or harm another person or entity, or attempting to do the same.
- If you believe that any material available on or through the Service violates your copyright or otherwise violates these Terms, you may send us an infringement notice. Any such notice must be in writing and must include substantially all of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;
- if applicable, identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site);
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. We request that complete URLs for each instance of the allegedly infringing material be provided;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, or is otherwise contrary to these Terms; and
- a statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the right that is allegedly infringed.
- Your written infringement notice must be sent to mi Corp.'s designated copyright agent via mail or email. Please be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability: Copyright Agent, 41 Owen Boulevard, Toronto, ON, Canada M2P 1G2.
Intellectual Property / Ownership
- 40. All right, title, and interest in and to the Service (including, without limitation, all computer code, graphics, user interfaces and audiovisual content used to provide the Service) are and will remain the exclusive property of mi Corp. and its licensors, including all intellectual property rights therein, even if we incorporate any of your Feedback (as defined below) into subsequent versions. The Service is protected by copyright, trademark, and other laws of both Canada and the United States and foreign countries. We reserve all rights to the Service that are not expressly granted herein. Except as expressly permitted in these Terms, you may not reproduce, modify, reverse engineer or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service. You may not copy or modify the HTML or other code used to generate web pages on the Service.
- All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to us, in any form, will be our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining the Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Service or in any Intellectual Property Rights on account of these Terms or your performance under these Terms.
- If we terminate your password, account or remove your access to the Service, or if this agreement is otherwise terminated or expires, all rights and obligations under these Terms shall cease, save for Sections: 18, 21, 22, 25, 40, 41, 42, 45, 46, 47, 49, 50, 51 and 53 - 56 and such other provisions hereof which expressly, or by their nature are intended to, survive termination.
- We, in our sole discretion and at any time, may discontinue providing the Service, or any part thereof, with or without notice and without liability or penalty. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice.
- After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Service may be, but is not required to be, deleted, by us. We will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.
Indemnification, Limitation of Liability and Disclaimers
- You agree to indemnify and hold mi Corp., its parents, subsidiaries, affiliates and its and their officers, directors and employees, harmless, including costs and attorneys' fees, from any claim or demand made due to or arising out of: (i) your use of the Service or any of your Content; (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Service; (iii) the violation of these Terms by you, or any third party using your Credentials; or (iv) your negligence or willful misconduct.
- THE SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AND YOU USE THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MI CORP. AND ITS OFFICERS, EMPLOYEES, DIRECTORS AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS AND AGENTS DISCLAIM: (I) ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE CONDUCT OF ANY MEMBER; AND (II) ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, MI CORP. AND ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS AND AGENTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION AMONGST USERS OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, ANY CONTENT POSTED ON OR THROUGH THE SERVICE, OR FROM THE CONDUCT OF ANY MEMBERS OF THE SERVICE.
- MI CORP., AND ITS OFFICERS, EMPLOYEES, DIRECTORS, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS AND AGENTS DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MI CORP. OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- NEITHER MI CORP. NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS OR AGENTS WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MI CORP.'S MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSES OF ACTION WHATSOEVER HEREUNDER OR IN CONNECTION WITH TH SERVICE, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WILL BE THE GREATER OF: (I) THE TOTAL AMOUNT YOU PAID TO MI CORP. IN CONNECTION WITH THE SERVICE IN THE YEAR PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00).
- You may not assign this agreement or your account and subscription to the Service, and any such assignment by you will be null and void. We may assign this agreement any time without notice to you.
- Any dispute arising from or related to these Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the Courts of the Province of Ontario located in Toronto, Ontario, Canada and each of the parties hereto irrevocably waives any objection to jurisdiction and venue in such courts.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PARTIES TO ANY ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS MUST BE INDIVIDUALLY NAMED. YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE FOR ANY DISPUTE PERTAINING TO THE SERVICE OR THESE TERMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS, OR ON BASES INVOLVING DISPUTES BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC.
- TO THE EXTENT LEGALLY PERMITTED, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICE OR THESE TERMS, OR ANY RELATED MATTERS, MUST BE COMMENCED WITHIN SIX (6) MONTHS, AFTER THE CLAIM OR CAUSE OF ACTION ARISES, AFTER WHICH TIME THE CLAIM OR CAUSE OF ACTION IS FOREVER BARRED, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.
- The failure of mi Corp. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.
Last updated: 2012-03-06.
Copyright © 2012 My Internet Corporation. All rights reserved.