Terms & Conditions
Mypafway (“Mypafway”, “we”, “us”, and terms of similar meaning) provides this web site (this site and any software provided by Mypafway for use with the site, the “Site”) to you subject to these terms of use (these “Terms”). In these terms we describe users of the Site, whether registered or not, as “Users”.
Please read these Terms carefully before using the Site. By accessing, using, or browsing the Site you agree to be legally bound by these Terms and all terms, policies, and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
Mypafway reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the e-mail you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please e-mail us at the contact address below.
The services we provide through the Site are for your own use only. You may not resell, lease, or provide them in any other way to anyone else.
1. Privacy Policy
Please refer to Mypafway's privacy policy for information on how Mypafway collects, uses, and discloses personally identifiable information from users of the Site. By using the Site you agree to our use, collection, and disclosure of personally identifiable information in accordance with the Privacy Policy.
2. Registration Data and Account Security
If you register for an account on the Site, you agree to (1) provide accurate, current, and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (2) maintain the security of your password; (3) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current, and complete; and (4) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.
3. Fees, Charges, and Taxes
The fees and other charges that we charge for use of the Site are described in pricing. They may change from time to time. If we change them, we will give you at least 30 days notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
If you terminate your use of the Site you must pay the fees applicable for the balance of the then current month.
4. Ownership, Copyright, and Trademarks
In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. The Site, all Content and all software available on the Site or used to create and operate the Site, is the property of Mypafway or its licensors, and is protected by Canadian and international copyright laws. All rights to the Site, such Content, and such software are expressly reserved. All trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Mypafway.
5. Our Limited License of Content to You
Mypafway grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy, and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (1) you may only view, copy, and print such portions of the Content for your own use; (2) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute, or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (3) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (4) you may not use any data mining, robots, or similar data gathering or extraction methods; and (5) you may not use the Site or the Content other than for its intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement, and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The license in this Section is revocable by Mypafway at any time.
You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Mypafway at the address set out at the bottom of these Terms.
6. Use of the Site
The Site contains areas accessible to the public or registered Users (“Interactive Areas”) in which you or third parties may post photographs or other content, messages, materials, or other items (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any area of the Site accessible to other Users will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
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, national or international law;
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 or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content that, in the sole judgment of Mypafway, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Mypafway or its affiliates or its users to any harm or liability of any type.
You also may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
7. Links to Other Sites
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Mypafway does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Mypafway provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Mypafway's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Mypafway accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
8. Advertisements and Promotions
Mypafway may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Mypafway, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Mypafway is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
9. Warranty Disclaimer
The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from Mypafway of any kind, either express or implied. Mypafway expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Mypafway does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.
While Mypafway attempts to make your access to and use of the Site safe, Mypafway does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
10. Limitation of Liability and Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Mypafway, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither Mypafway nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Mypafway or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Mypafway or any other Released Party's records, programs or services.
In no event shall the aggregate liability of Mypafway, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any amounts paid by you for access to or use of the Site during the three months prior to the date of any claim, and if you pay no such amounts, such limit shall be $10.
You shall defend, indemnify and hold harmless Mypafway and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
11. Communications
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the profile area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
Subject to the Privacy Policy, if you send to Mypafway or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Mypafway can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.
12. Applicable Law and Venue
The Site is controlled by Mypafway and operated by it from its offices in Toronto, Ontario. You and Mypafway both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Mypafway explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Mypafway related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Mypafway. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Mypafway and the other Released Parties for your failure to comply with any such laws.
13. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Mypafway reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
14. Termination of Agreement
You and Mypafway may terminate these Terms and your use of the Site at any time. When your Mypafway account is terminated, any images you have uploaded to the Site may remain on the Site. We may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 4, 9, 10, 12, 14 and 15, and any representation or warranty you make in these Terms, shall also survive indefinitely.
15. Miscellaneous
If any provision of these Terms shall be deemed 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. Mypafway may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Mypafway, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Mypafway regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Mypafway regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
16. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us here:
Mypafway
1120 Finch Avenue West, Suite 701-1979
Toronto, Ontario
M3J 3H7
If you have problems or have an inquiry, contact us.
