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Website Terms of Service

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Website Terms of Service Last Updated: May 25, 2018 <ol> <li>Accepting the Website Terms of Service</li> <li>Your Privacy</li> <li>Eligibility to Use Our Website</li> <li>Your Use of Our Website</li> <li>Your Use of Third-Party Services</li> <li>Our Sales Terms</li> <li>Content You Create</li> <li>Feedback</li> <li>Contests We Run</li> <li>Prohibited Use</li> <li>Disclaimer of Warranties and Indemnification</li> <li>Our Limitation of Liability</li> <li>Termination</li> <li>Other Terms</li> <li>Changes to These Terms</li> <li>Contact Us</li> </ol>1. Accepting the Website Terms of ServiceThis website is operated by Canary. Canary offers this website, including all information, tools, and services available on or through this site to you, the user (“you”, “your”), conditioned upon your acceptance of the terms stated here. If you are a resident of the US or Canada, these terms are an agreement between you and Canary Connect, Inc. Otherwise, these terms are an agreement between you and Canary Technology Europe, Limited. In these terms references to “Canary” “us”, “we” and “our” mean either Canary Connect, Inc. or Canary Technology Europe, Limited, as appropriate. Please read these Terms of Service (“Terms of Service”, “Terms”) carefully before accessing or using our website. By visiting the site, accessing or using information, tools and services available on this site (collectively, the “Service”) you agree to be bound by these Terms, including those additional terms and conditions and policies referenced or available by hyperlink at www.canary.is/legal, including Canary’s Privacy Policy, all of which are incorporated by reference into these Terms. These Terms of Service give you specific legal rights, and you may also have other legal rights in addition, which vary from country to country. We may from time to time update, change, or replace any part of these Terms by posting updates and/or changes to our website. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to any part of the Service following the posting of any changes constitutes acceptance of those changes.2. Your PrivacyPlease review Canary’s Privacy Policy, which explains how we collect and use certain information that you submit to Canary. Our Privacy Policy is incorporated into these Terms of Service. We use cookies and other technologies like pixel tags and web beacons to improve the functionality of our Service. For more information, visit our Cookie Policy. Personal Information provided to us may include “personal data” as defined by and subject to any national law of an EU member state adopted pursuant to Regulation (EU) 2016/679 (“Personal Data”). With regard to our processing of Personal Data we serve as the “controller” of the personal data you provide to us. In the event Personal Data processed by us is transferred from any EU member country to the United States, you consent to the transfer of your data to the United States.3. Eligibility to Use Our WebsiteBy using the Service, you acknowledge and agree that you are at least 18 years of age or the age of majority in the location from where you access and use the Service. If you are under 18 but are at least 16 years old you agree that you are using the Service with the consent of your legal guardian. If you are not at least 16 years old, you may not use the Service at any time or in any manner or submit any information to Canary.4. Your Use of Our WebsiteCanary may present information and content that is copyrighted and/or trademarked work of Canary or Canary’s third-party licensors and suppliers or other users of the Service, including but not limited to logos, graphics, video, images, product information, and other third party content (collectively, “Canary Content”). Subject to these Terms, Canary grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to use and to display the Canary Content solely for your personal, non-commercial use when accessing our Services. Except for the foregoing license, you have no other rights in the Service or any Canary Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Service or Canary Content in any manner. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above. or (ii) to use or reference in any manner Canary’s names, logos, product and service names, trademarks or services marks, or those of Canary’s licensors.5. Your Use of Third-Party ServicesThe Service may be linked to other websites or services that are not affiliated with Canary (collectively, “Third-Party Sites”). Certain areas of the Service may allow you to interact with such Third-Party Sites and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still using a part of the Service. You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions than Canary, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site’s privacy policy and terms. Canary may provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. In no event shall Canary be responsible or liable for any products or services of such third party providers.6. Our Sales TermsThe online store provided by Canary on the site www.canary.is/products/ (the “Store”) allows you to purchase products and services from Canary. Any order placed on the Canary online Store or through our Service are subject to Canary’s Sales Terms.7. Content You CreateCanary may permit you from time to time to submit, upload, publish, or otherwise make available to Canary through the Services, via email, by posting on to our social media sites, or in any other way, information, messages, comments, textual, audio, and/or visual content, video content captured through a Canary product, commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (each “User Content”). You retain ownership of your User Content but agree that any User Content provided by you in connection with the Service is provided on a non-proprietary and non-confidential basis and you grant Canary a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, and distribute your User Content, or any portion thereof, in any form, medium, known or developed, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity for any purpose, including marketing and promotions. We may modify or adapt your User Content in order to transmit, display, or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services, or media. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Canary the license to the User Content as set forth above. and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content nor Canary's use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Canary in its sole discretion, whether or not such material may be protected by law. Canary may, but shall not be obligated to, review, monitor, or remove User Content, at Canary's sole discretion and at any time and for any reason, without notice to you. Canary agrees to use any personally identifiable information contained in any of your User Generated Content in accordance with Canary's Privacy Policy.8. FeedbackIf you send or transmit any communications, comments, questions, suggestions, or related materials to Canary, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, including, without limitation, new features or functionality, all such Feedback is, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Canary is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback.9. Contests We RunAdditional terms and conditions may apply to contests, giveaways, and other promotions sponsored by Canary and its partners. It is your responsibility to carefully review those terms and conditions. You agree to release and hold harmless Canary from all liability for loss, harm, damage, injury, cost, and expense whatsoever which may occur in connection with, participating in any contest, preparing any contest entry, accepting any prize, and for any claims based on publicity rights, defamation, or invasion of privacy . Canary reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, extend, or suspend any Contest for any reason. By participating in a contest, you agree to the collection and use of your personal information by Canary and its affiliates as set forth in Canary's Privacy Policy.10. Prohibited UseWhen using the Service, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to: <ul> <li>Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others</li> <li> Use racially, ethnically, or otherwise offensive language</li> <li>Discuss or incite illegal activity</li> <li>Use any robot, spider, scraper, or other automated means to access the Service</li> <li>Take any action that imposes an unreasonable or disproportionately large load on Canary’s infrastructure</li> </ul> This list of prohibitions provides examples and is not complete or exclusive. Canary reserves the right to (a) terminate access to your account, your ability to post to use the Service, and (b) refuse, delete, or remove any User Content. with or without cause or notice, for any reason or no reason, or for any action that Canary determines is inappropriate or disruptive to the Service or to any other user of the Service. Canary may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Canary’s discretion, Canary will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet. Intellectual Property &amp. Copyright Infringement Canary and third-party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Canary respects copyright law and expects its users to do the same. If you believe your copyrighted material unlawfully appears on our website you may send a Canary a notice, as outlined in Canary's Copyright Policy.11. Disclaimer of Warranties and IndemnificationYour use of this Service is at your own risk. Canary does not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service, Canary Content and User Content have not been verified or authenticated in whole or in part by Canary, and they may include inaccuracies or typographical or other errors. Canary does not warrant the accuracy or timeliness of the Canary Content contained on this Service and Canary has no liability for any errors or omissions in the Canary Content or User Content, whether provided by Canary, our licensors,suppliers, or other users. You agree to indemnify, defend, and hold harmless Canary and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (i) use of the Services, including any User Content and Feedback you provide. (ii) breach of these Terms of Service or the documents they incorporate by reference, or (iii) your violation of any law or the rights of a third-party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Canary, and you agree to cooperate with our defense of such claims. You agree not to settle any such claims with Canary’s prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.12. Our Limitation of LiabilityNothing in these Terms (including anything specified in this "Our Limitation of Liability" provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE DISCLAIMER OF WARRANTIES, IN NO CASE SHALL (A) CANARY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF PRODUCTS OR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THE SERVICE, EVEN IF CANARY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. (B) CANARY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF CANARY KNEW OR SHOULD HAVE KNOWN OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.13. TerminationThese Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. If in our sole judgment you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms of Service, we may either (i) suspend your access to our Services (or any part thereof). or (ii) terminate this agreement at any time upon notice to you and you will remain liable for all amounts due up to and including the date of termination.14. Other TermsCanary controls and operates its Service from its headquarters in the United States and the Canary Content and products offered through the Service may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are solely responsible for following applicable local laws. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the legality, validity, and enforceability of any other remaining provisions. A failure or delay by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. The laws of the State of Delaware will govern these Terms of Service, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods and Uniform Computer Information Transactions Act do not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy, our Sales Terms, and these Terms of Service shall be settled in the courts of competent jurisdiction in New York, New York and you agree to submit to the personal jurisdiction of such courts. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Canary from seeking any injunctive or other equitable relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of any Canary confidential information and intellectual property rights or to prevent loss of data or damage to its servers.15. Changes to These TermsThese Terms are current as of the date set forth above. If we make any changes that materially affect our practices, we will provide you with notice in event of such change by highlighting the change on our Site or by emailing you.16. Contact UsIf you have any questions about our Terms or would like to remove your information from our marketing lists, you may contact us at legal@canary.is or by mail to: If you reside in the US or Canada: Canary Connect, Inc. 26 Broadway Fl. 22 New York, NY, 10004 If you do not reside in the US or Canada: Canary Technology Europe, Limited Pembroke House 28-32 Pembroke Street Upper Dublin D02 EK84 Ireland