WARNING: ANY USE BY YOU OF GAME FOR SCIENCE YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY ALL THE TERMS OF THIS USER AGREEMENT AND TO COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS USER AGREEMENT, YOU MAY NOT USE GAME FOR SCIENCE.
1. GAME FOR SCIENCE Usage Rights
CREO grants you a limited, nonexclusive, revocable right to use GAME FOR SCIENCE for your entertainment, information, education and communication on an individual basis, in accordance with all provisions of this User Agreement. GAME FOR SCIENCE contains documents and other items related to CREO, its products and services, and other similar items from our business partners, licensors and licensees and other third parties (collectively, "Content"). Content may take the form of information, text, data, images, graphics, button icons, trademarks and registered trademarks, artwork, photographs, audio clips, music, sound, film, video, software or other forms and formats currently known or not yet invented. When using GAME FOR SCIENCE, you must respect the intellectual property rights of CREO and others, as described below. Unauthorized use of the Content by you may constitute a breach of legislation on copyright and trademark, privacy, publicity, communications and others and any use of this type can engage your personal responsibility and lead to legal action or criminal prosecution.
All content is protected by copyright and belongs to either CREO, or is used with permission. CREO formally rejects any representation or warranty that the unauthorized use by you of the Content does not infringe rights of third parties or CREO’s rights.
Except as set forth in this User Agreement or in text found in GAME FOR SCIENCE, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based on, or otherwise use or exploit the Content. You may download a copy of portions of the Content, in the form of temporary storage on one personal computer solely for your personal, non-commercial, non-political and offline consultation, provided that you do not modify or delete any mention of copyright, trademark or other ownership notices. The aforementioned limited right does not purport to grant you ownership of any Content.
Except as expressly provided above, nothing in this User Agreement shall be construed as conferring any license or right to any part of the Content under any copyright or any other intellectual rights property.
CREO respects the intellectual property rights of others. If you believe that your work has been inappropriately used through GAME FOR SCIENCE, please refer to the paragraph below entitled Procedure for Reporting an Infringement of Copyright Law.
The trademarks, logos and service marks appearing on GAME FOR SCIENCE belong to CREO and third parties and the GAME FOR SCIENCE visual design is owned by CREO (collectively the "Trademarks", which also constitute Content). All Trademarks not owned by CREO are a property of their respective owners and are used with the permission of the latter. Nothing in this website shall be construed as having the effect of granting, by implication, estoppel or otherwise any license or right to use any Trademark.
4. Your communications with CREO: CREO’s rights on any material that you send us
CREO appreciates any communication from you. However, when communicating with CREO, please keep in mind that, unless specifically requested from CREO, CREO does not accept or consider any idea or suggestion relating to products, services, marketing plans or other items. Please do not send CREO any unsolicited concepts such as ideas for toys, games or other products, or other suggestions, ideas, notes, drawings, inventions, techniques, models, drafts, or other concepts information, documents and other similar user-generated content.
Any statement or any question, comment, answer, suggestion or otherwise, provided by you via GAME FOR SCIENCE or any other CREO site or by fax, mail or otherwise, or transmitted, placed on or downloaded to GAME FOR SCIENCE (collectively, "Elements Submitted by You") will be considered non-confidential and non exclusive. CREO rejects any responsibility or liability in this regard, or in connection with their receipt or non-receipt by CREO. Receipt by CREO of Elements Submitted by You does not in any way constitute recognition by CREO of their novelty or priority or originality and does not affect CREO’s right to challenge all rights to existing or future related to Elements Submitted by You.
You grant CREO a non-exclusive, free, perpetual, irrevocable and subject to sub-license right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, use in a performance or public presentation, prepare derivative works based on, or otherwise use Elements Submitted by You in the entire world and in all media. You represent and warrant that: (a) you are entitled to, and you have the authorization to proceed with granting CREO this right and license without the approval of a third party and (b) the Elements Submitted by You are accurate and that used by CREO as provided in this User Agreement, they do not constitute or form in any way an infringement of third party rights.
If you send us email, you are communicating with us electronically and you agree to receive electronic communications from us. You further agree that all agreements, all notices, disclosures and other communications that we send you electronically satisfy any legal obligation requiring that such communications be in writing.
5. Online Shopping
This website and other CREO websites are likely to offer products for purchase (such as toys) and services (such as memberships) online. To make such purchases, you must be at least 18 years old or older. For further information about delivery, returns and other sales policies, see our online stores. With regard to products and services presented on GAME FOR SCIENCE, please note that we do our best to display as accurately as possible the products and services contained therein. However, the colors, dimensions and details that you see on your computer monitor will vary depending on your equipment, so that we can not guarantee that your monitor will picture the detail of our products and services accurately. With regard to services provided on GAME FOR SCIENCE, terms of service offerings may be specified by a separate agreement, which will be provided in connection with the service purchased and will be completed by this User Agreement.
Prohibition on purchase by minors.
A. When you order a product or service online from CREO, you represent that you are at least 18 years of age.
If a minor child under 18 years of age orders a product or service without parental or guardian consent, that parent or guardian is entitled to return the product or service for reimbursement in accordance with the policy applicable to this order, displayed during the transaction. CREO might offer enhanced services to children under the age of 13. In that event, a parent must register for the service and establish the appropriate permission level for the child. The content and activities available to you and your child may vary according to the subscription. Parents will receive information on the type of content and activities that their child has access to at the time of subscription and remain responsible for their child’s account. Some services might require a subscription fee.
6. Restrictions on Use
You agree that: (a) you will not use this website for any commercial or political purposes whatsoever (including, without limitation, for advertising purposes, for soliciting funds, collecting product prices or to sell products), (b) you will not monitor, collect or otherwise copy any Content on GAME FOR SCIENCE using a device, software, extraction tool or other automated device type such as a web spider, system or manual process of any kind, (c) you will not make any layout and will not use any technical layout to incorporate a trademark or other proprietary information (including, without limitation, images, text or page layout) (d) you will not use any meta-reference, nor any "hidden text" using any Trademark, (e) you will not be engaged through this website, or in connection with this website, in any activity that purposes to attempt to harm minors, or any illegal, offensive, obscene, threatening, harassing or abusive activity, or violating the rights of others, or (f) you will not engage in any activity that interferes with a user's access to GAME FOR SCIENCE or with the functioning of it. You also agree that when using GAME FOR SCIENCE, you will in no way impersonate any other person or entity.
7. Community Areas; Code of Conduct
CREO may decide to offer community features on GAME FOR SCIENCE such as email, guestbooks, bulletin boards and chat rooms. In these cases, CREO will be in no obligation to monitor, filter, censor, edit or regulate information or content provided by you or by third parties on GAME FOR SCIENCE, although CREO reserves the right to do so in its sole discretion. CREO does not approve and does not guarantee the accuracy or reliability and accepts no liability in connection with the information or content provided by users or other third parties.
As for the information or content that you upload to this website, or place on it, you represent and warrant to CREO that you have the right and permission to do so without the consent of any third party. You also agree not to upload or place on GAME FOR SCIENCE: (a) content that is infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, of an harassing nature or otherwise inappropriate, (b) viruses or other harmful components, or (c) any content for commercial purposes (such as offers of sales of products or services or attempts at fundraising or advertising of products or services).
CREO reserves the right, in its sole discretion, to make rules for any additional community space and to reserve access to community features to certain people or groups on the basis of age, geographical or other and to deny or restrict, at any time, access by any person or group does not meet these criteria or by anyone not meeting our criteria or not complying with our rules, and also reserves the right to change or modify the criteria or rules as it sees fit. CREO reserves the right (but will not be held responsible for it), in its sole discretion, to remove any materials displayed on GAME FOR SCIENCE that violates this User Agreement and to deny access to the website to any user.
8. Investigations, Cooperation with Law Enforcement, Termination
CREO reserves the right, without limitation of any kind, to: (a) investigate any suspected breach of security to its website or damage to its information technology or other systems or networks; (b) investigate any suspected breach of this User Agreement, and (c) contact the authorities responsible for law enforcement and cooperate with them in connection with any investigation in this regard, and (d) initiate proceedings against violators of this User Agreement to the fullest extent permitted by applicable law, and (e) to interrupt the operation of GAME FOR SCIENCE or your access to it at any time without notice for any reason whatsoever and without any obligation to you.
9. Privacy and security measures
To protect against the loss, misuse and alteration of personal information under our custody, we have adopted reasonable security measures. Our transactional partners use SSL technology (Secure Sockets Layer, SSL) to protect credit card data during transmission and we have strict internal procedures to protect such information in our system. Suppliers, service providers and others who help us to provide GAME FOR SCIENCE, and our products and services, must sign confidentiality agreements, forbidding them to use personal information except in connection with services they provide to CREO and binding them to adhere recognized best practices for the protection of personal information. However, CREO can not guarantee the complete security of personal data.
10. Disclaimer and Limitation of Liability
GAME FOR SCIENCE may contain technical inaccuracies or other errors, and your use of this site, and navigation on it, is at your own risk. GAME FOR SCIENCE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. CREO DOES NOT WARRANT THAT GAME FOR SCIENCE WILL MEET YOUR REQUIREMENTS OR WILL ACHIEVE A SPECIFIC OUTCOME, OR THAT YOUR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT GAME FOR SCIENCE OR THE SERVER THAT IT RESIDES ON IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF GAME FOR SCIENCE OR MATERIALS CONTAINED THEREIN RESULTS IN THE NEED FOR YOU TO PERFORM MAINTENANCE OR REPLACEMENT OF PROPERTY, MATERIAL, EQUIPMENT, DATA OR OTHER, CREO WILL NOT BE RESPONSIBLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE PREVIOUS SENTENCE, CREO WILL NOT BEAR ANY LIABILITY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT, OR PUNITIVE DAMAGES AS A RESULT OF YOUR USE OF GAME FOR SCIENCE. RELIEF AND LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE ESSENTIAL TO OUR AGREEMENT TO PROVIDE GAME FOR SCIENCE TO YOU.
Please note that it is possible that some jurisdictions do not allow exclusion of implied warranties, so it is possible that some of the above exclusions may not apply to you.
11. Links created by you to GAME FOR SCIENCE
A limited, nonexclusive, revocable license to create hyperlinks to GAME FOR SCIENCE is granted to you to the extent that:
- (a) the links are only to the home page of GAME FOR SCIENCE,
- (b) the links contain only text and graphics created for this purpose and offered on pages clearly identified for this purpose,
- (c) links and related content on your site do not suggest any affiliation with CREO or are not likely to mislead customers
- (d) links and related content on your site do not give a picture that is false, misleading, derogatory or otherwise negative of CREO and its products or services, and
- (e) the links and content linked on your site are not used for commercial purposes.
12. Links on GAME FOR SCIENCE to and from other sites
13. Banners, advertisements and promotions
Interactions, correspondence and business transactions between you and any advertiser or other third party contacted on GAME FOR SCIENCE or through it (including via Linked Sites) are solely between you and the third party (including issues related to the content of advertisements of third parties, payments, delivery methods, security, privacy of personal information and data, and others). CREO disclaims all liability in this regard.
14. Procedure for Reporting an Infringement of Copyright Law
CREO respond appropriately to any notification of infringement of any copyright as indicated below. If you own the copyright to a work and if you have reason to believe that your intellectual property rights in such work have been violated by improper usage through GAME FOR SCIENCE, send us written notification containing all of the items listed below:
- (I) the following subject line : "DMCA Copyright Infringement Notice ";
- (Ii) a description of the work protected by copyright that you think is being infringed upon;
- (Iii) the Internet address of the site and a description of the location of the document on this site that you think is being infringed upon;
- (Iv) your address, telephone number and your e-mail;
- (V) a statement by you stating that you hold the belief in good faith belief that the alleged document has not been authorized by the copyright owner or his agent, or as prescribed by law;
- (Vi) a statement by you, under penalty of perjury, stating that all information in your Notice is accurate and that you are the owner of copyright (or, if this is not the case, you are allowed to act on behalf of the owner of the copyright allegedly violated) and
- (Vii) your electronic or physical signature.
CREO will receive this Notice by mail, fax or e-mail addresses as follows:
By Mail: CREO Inc.
460 Ste-Catherine West, # 507
Montreal, Quebec, Canada
Fax: +1 514 278-9793
CREO may elect not to respond to notices that do not conform to the entirety of the above criteria and CREO will be entitled to elect to withdraw the contents for which it will have received a Notice that did not comply with all of the above criteria. For other questions in this regard, you can call CREO at: 1 514 278-9595.
You agree to defend and indemnify CREO, its officers, employees, agents, business partners, licensors and licensees, for any damage, liability, any costs and expenses (including reasonable attorneys' fees) for any request, any trial of any action, any claim or any proceeding against such party or under investigation, defense or settlement in connection therewith, arising from use by you of GAME FOR SCIENCE.
B. Changes to GAME FOR SCIENCE and to this User Agreement
CREO may, at its sole discretion, make a change to any aspect of this website, including, without limitation, any Content, any activities available on GAME FOR SCIENCE, and all products or services offered through it. CREO may, in its sole discretion, amend this User Agreement by updating or amending this document, the revised terms taking effect on the date on which they are displayed on the site. The continued use of GAME FOR SCIENCE after the date of entry into force of such changes will constitute acceptance by you of the entire User Agreement.
C. Operation of the website, availability of products and services
CREO controls and operates this website from its headquarters in Montreal, Canada and CREO makes no representation as to whether GAME FOR SCIENCE is appropriate or available for any use outside that country. If you use GAME FOR SCIENCE from another country, you are responsible for compliance with local laws. Although CREO’s products and services are available in many places on the planet, it is possible that some products and services will not be available worldwide.
D. Competence, jurisdiction and procedure for alternative dispute resolution
Any dispute or request on GAME FOR SCIENCE, the Content or this User Agreement which is not otherwise resolved between you and CREO, shall be settled exclusively by the courts of the District of Montreal, Canada to which you acknowledge full jurisdiction and competence to decide any dispute under the laws applicable in that jurisdiction. This User Agreement will be governed by and construed under the laws of the Province of Quebec, Canada, without regard to principles of conflict of laws. The foregoing provisions of this paragraph shall not apply to lawsuits brought by CREO for compensation or for the purpose of obtaining an injunction in connection with any loss, cost or damage (or damage, costs or potential damage) pertaining to GAME FOR SCIENCE, any Content, CREO activities or products or services, due to an act or an abstention from you.
If any provision of this User Agreement is held to be unlawful, void or unenforceable for any reason, such provision shall be deemed severable from the rest of the User Agreement and shall not affect the validity or enforceability of other provisions hereof.