Essentials Cafe

Corel Community Site Terms and Conditions

1.

 

GENERAL

1.1   The following Corel Community Site Terms and Conditions of Use govern your use of Corel’s Community Site (“Site”) which is owned by Corel Corporation and its subsidiaries (“Corel”). By accessing, posting, transmitting, submitting messages and other materials (which include uploading files, photos, any digital content, code, inputting data or any other materials, “blogging”, or engaging in any form of communication in connection with this Site) (collectively “Content”) to web blogs, forums, wikis, bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”), you agree to and are bound by the terms and conditions set forth in this document and to any changes thereto that Corel may publish from time to time (collectively, the “Terms and Conditions”). If you do not agree to all of the provisions contained in these Terms and Conditions, do not access or use this Site. Anyone who registers with the Site shall be defined as a “Member” for the purposes of these Terms and Conditions.
 
    YOU CERTIFY THAT YOU ARE NOT A MINOR IN YOUR JURISDICTION AND THAT YOU ACCEPT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HERETO. ACCESSING OR USING THE SITE WILL BE AN IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS. Corel does not encourage, solicit, or permit visitors who are known to be minors to become a Member of or to visit the Site. If you are a minor, you must have your parent or legal guardian agree to the provisions of these Terms and Conditions on your behalf.
 
1.2   Modification of these Terms and Conditions. Corel may modify these Terms and Conditions from time to time in its sole discretion. Your continued access or use of the Site, Forums, Content or any materials or services on the Site, constitutes your acceptance of any changes. Your access and use of the Site, Forums, Content, materials and services will be subject to the most current version of the Terms and Conditions, as well as any additional rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms and Conditions” link on the Site to view the most current terms.
 

2.

 

CONTENT POSTED ON THE SITE

2.1   You are welcome to post, transmit or submit Content to Forums in accordance with these Terms and Conditions. You are solely responsible for such Content. Corel accepts no responsibility whatsoever in connection with or arising from such Content.
 
2.2   Corel does not endorse and has no control over the Content submitted by others to Forums. Content submitted to Forums is not necessarily reviewed by Corel prior to posting and does not necessarily reflect the opinions or policies of Corel. Corel makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, Corel reserves the right to prevent you from submitting Content to Forums and to edit, restrict or remove such Content for any reason at any time. Corel may remove any form of cursing or profanity contained in the Content with a swear filter application.
 
2.3   Corel or its designated Members do not actively monitor the Forums for inappropriate Content. If, at any time, in its sole discretion, Corel or its designated Members choose to monitor the Forums, Corel assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting the Content. In submitting Content to Forums, you agree to strictly limit yourself to constructive discussions about the subject matter for which the Forums are intended and to refrain from using profanity or engaging in other offensive conduct as described in Section 5. You agree that Corel shall not be liable for any reason whatsoever if Corel prevents your Content from being submitted or if Corel or its designated Members edit, restrict or removes your Content. By accessing and using the Site, you also agree to permit all users of this Site to access, view, store and reproduce the Content for their personal use and not to restrict or inhibit the use of this Site.
 
2.4   You agree to release Corel, its parents, subsidiaries and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site, Forums and Content. If at any time you are not happy with the Site or object to any material within the Site, Forums or Content, your sole remedy is to cease using or accessing the Site, Forums or Content.
 

3.

 

PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE

3.1   Content. By posting any Content to the Site, you hereby grant to Corel a non-exclusive, royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publicly display, modify, and translate such Content in any media or by any means now or hereafter known. This license will survive any termination of these Terms and Conditions. You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, moral rights, industrial property rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post to the Site.
 
3.2   Copyright Protection. All Content contained in the Site is protected by copyright, trademark and other industrial and intellectual property laws. Content shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other Content contained on the Site is expressly prohibited unless the prior written consent of the owner of such Content is obtained.
 
3.3   Claims of Copyright Infringement. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send Corel a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Corel to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to this Site should be sent to: Corel Corporation, Attention: Piracy Department, 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada, or via email to: nopiracy@corel.com.
 

4.

 

REGISTRATION INFORMATION/PRIVACY POLICY

4.1   When you register with the Site, you will be required to provide Corel with contact information, including but not limited to, your name, e-mail address, member name and password. Any information provided by you or gathered by Corel or third parties during any visit to the Site shall be subject to the terms of Corel's Privacy Policy. Corel reserves the right to contact or to have third parties contact those Members who have no objected to receiving information from Corel and/or other third parties, as the case may be. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Corel of any unauthorized use of your registration or password.
 

5.

 

PROHIBITED CONTENT AND/OR ACTIVITY

5.1   You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Corel reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes Content that:
   
  1. is obscene, patently offensive, or promotes racism, bigotry, violence, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. contains nudity, violence, or offensive subject matter;
  4. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailings;
  5. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. exploits people in a sexual or violent manner;
  7. solicits personal information from anyone who would be considered a minor;
  8. provides any telephone numbers, street addresses, last names, URLs or email addresses, included in a Member profile;
  9. violates the copyright, trademark, patent, industrial or other intellectual property rights of any other person;
  10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  11. includes confidential information about Corel, such as, but not limited to, Corel’s released or unreleased products, services, customers, business policies or practices, developments, inventions, processes, designs, marketing, business plans or finances that are not otherwise part of the public domain, without the prior written approval and consent of Corel;
  12. solicits passwords or personal information for commercial or unlawful purposes from users; or
  13. involves commercial activities and/or sales without Corel’s prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
5.2   The following is a partial list of the kind of activity that is illegal or prohibited on the Site. Corel reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
   
  1. any use by you of any other Member's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) through the Site. You may not transmit any chain letters or junk email to other Members. Although Corel cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior written consent. In order to protect our Members from such advertising or solicitation, Corel reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Corel deems appropriate in its sole discretion;
  2. any automated use of the system;
  3. attempting to impersonate another Member or person, whether actual or fictitious, including impersonating an employee or consultant of Corel;
  4. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  5. using an inappropriate Member name of any kind; or
  6. selling or otherwise transferring your profile.

6.

 

EMPLOYMENT OPPORTUNITIES

6.1   Member Postings. By permitting classified, personal advertising and/or employment opportunities to be posted on the Site, Corel makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such postings. Corel specifically disclaims liability for direct, consequential or incidental damages arising from such postings. Members may only post such postings on authorized areas of the Site. By posting a classified, personal and/or employment advertisement on the Site, you are promising that the content of your advertisement is true and that you will indemnify Corel against any claims which may arise from your postings. By responding to a classified or personal posting on the Site, you waive any and all claims against Corel for any and all damages arising from such posting or your reliance upon statements in such postings.
 
6.2   Corel Opportunities. Corel may, from time to time, post Corel employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Corel in response to employment listings, you are authorizing Corel to utilize this information for all lawful and legitimate hiring and employment purposes. Corel also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in the Terms and Conditions or on the Site shall constitute a promise by Corel to interview, hire or employ any individual who submits information to it, nor shall anything in the Terms and Conditions or on the Site constitute a promise that Corel will review any or all of the information submitted to it by users.
 

7.

 

LINKED SITES AND ADVERTISING

7.1   Corel is not responsible for the content or practices of third party web sites that may be linked to the Site and makes no representation or warranty regarding such web sites or their content. The Site may also be linked to other web sites operated by companies affiliated or connected with Corel. When visiting other web sites, however, you should refer to each such web site's individual "terms of use" and not rely on these Terms and Conditions. Corel takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
 

8.

 

TERMINATION

8.1   In the event that Corel determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the Site, or Corel learns that you have provided Corel with false or misleading registration information, Corel reserves the right to: (i) warn you via email (to any email address you have provided to Corel) that you have violated these Terms and Conditions; (ii) delete any or all Content provided by you or your agent(s) to the Site; (iii) discontinue your registration(s) with the Site and/or any other Corel community; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; and/or (v) take any other action which Corel deems to be appropriate.
 
8.2   If your registration(s) with or ability to access the Site is discontinued by Corel due to your violation of any portion of these Terms and Conditions or for conduct otherwise inappropriate for the community of the Site, then you agree that you shall not attempt to re-register with or access the Site or any other Corel or Corel- affiliated community site(s), through use of a different member name or otherwise.
 

9.

 

DISCLAIMER OF LIABILITY AND WARRANTIES

9.1   While Corel does its best to ensure the optimal performance of the Site, you agree that your use of the Site, Forums, Content and any other material contained in the Site is at your own risk. The Site, Content and all materials in the Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Corel DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the Content and in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; that the Site will meet your requirements; or that the Site is accurate, error free or reliable. Corel is not responsible for any errors, omissions, delays, inaccuracies, failures, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network, or for the results obtained from the use of any Content in the Site. Any Content in the Site is provided with the understanding that neither Corel nor its Members, while such Members are participating in the Site, are engaged in rendering legal, medical, counseling or other professional services or advice. Corel encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
 
9.2   You understand and agree that if you choose to download or obtain any Content or data through the use of the Site, you do so at your sole discretion and risk. You also understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Content and/or data.
 
9.3   You acknowledge that Corel is not liable for any defamatory, offensive or illegal conduct or Content found on or in connection with this Site.
 
9.4   You acknowledge that Corel is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, whether forseeable or not, (i) in connection with or arising from your use or from your inability to use the Site or (ii) which may result from the unavailability or malfunction of the Site.
 
9.5   Corel is not responsible for any content on the Internet or World Wide Web pages that is contained outside the Site. Corel makes no representations as to the quality, suitability, functionality or legality of any sites to which Corel or its Members may provide links, and you hereby waive any and all claims you might have against Corel with respect to such sites.
 

10.

 

INDEMNITY

10.1   You agree to defend, indemnify and hold harmless Corel, its parents, subsidiaries and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of the Site; your breach or alleged breach of the Terms and Conditions; or your breach or alleged breach of any copyright, trademark, industrial property, intellectual property or other rights of third parties.
 

11.

 

MISCELLANEOUS

11.1   Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if applicable. You hereby irrevocably consent and attorn to the jurisdiction of the courts of such Province. If either party employs attorneys to enforce any rights arising out of or relating to these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney’s fees. Each party waives any right, and agrees not to apply to have any disputes under these Terms and Conditions tried or otherwise determined by a jury, except where required by law.
 
11.2   Severability. If any provision of these Terms and Conditions are declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the Terms and Conditions and the other provisions and the remaining part of that provision shall remain in full force and effect, provided that the essential bargained-for performance of the parties shall not thereby have been impaired.
 
11.3   Headings. The division of these Terms and Conditions into Articles and Sections and the insertion of headings and titles are for convenience of reference only and shall not affect the construction or interpretation of the Terms and Conditions.
 
11.4   Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
 
11.5   Assignment. Corel may assign its rights and obligations under these Terms and Conditions and upon such assignment Corel may be relieved of any further obligation hereunder.

 

© 2008 Corel Corporation. The content herein is in the form of a personal web log ("Blog") or forum posting. As such, the views expressed in this site are those of the participants and do not necessarily reflect the views of Corel Corporation, or its affiliates and their respective officers, directors, employees and agents. Terms and Conditions.