yconic - Terms and Conditions
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Terms of Use

Acceptance of Terms and Conditions

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS BELOW CAREFULLY.  Yconic Inc. (“yconic”/ “we”/“us”) owns and operates this website, located at http://www.yconic.com (the “Website”).  This Terms of Use Agreement (this “Agreement”) and our Privacy Policy state the terms and conditions under which you may access and use the Website and the Services (as defined below).  By accessing and using the Website and/or the Services, you are indicating your acceptance to be bound by the terms and conditions of this Agreement and our Privacy Policy.  If you do not accept these terms and conditions, you must not access or use the Website or the Services.  Yconic may revise this Agreement at any time by updating this posting. Use of the Website and/or the Services after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

 

Services

yconic connects students with scholarship opportunities and to a peer-to-peer community of members on the Website as well as giving eligible subscribers the opportunity to participate in Canada’s largest youth-focused market research panel (the “Services”).  

 

Registration

By registering for an account, you represent and warrant that you will: (i) provide true, accurate, current and complete information; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete.  In order to register to use the Services you must provide your full name, email address, date of birth, postal code and gender (“Registration Data”).  Your Registration Data is stored and used in accordance with the yconic Privacy Policy. Alternatively, you can connect to use the Services through Facebook or Google+.  Please see the yconic Privacy Policy for further information on third party social media sites and your logging in to the Website through such means.  

 

User Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not yconic, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Website and/or the Service.  yconic does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content.  Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable.  Under no circumstances will yconic be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

 

Restrictions on User Content and Use of the Services

yconic reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.  

In using the Website and/or Service, you will not:

 

  1. copy any content (including scholarship content) unless expressly permitted to do so herein;
  2. upload, post, email, transmit or otherwise make available any material that:

                    i.            is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

                  ii.            You do not have a right to make available under any law or under a contractual relationship;

                iii.            infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); 

                 iv.            is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 

                   v.            contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;  or

                 vi.            contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way,

 

  1. impersonate any person or entity or misrepresent their affiliation with a person or entity;
  2. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  3. record, collect, mine and/or store data about other users or viewers of the Website and Services;

 

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser.  Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

 

License of Content

By submitting, posting or displaying Registration Data and/or User Content (collectively “Data”) on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such Data  and to use Data to create Pattern Data.  yconic will not be responsible or liable for any use of Data in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Data that you submit.  As used herein “Pattern Data” means non-personally identifiable information, data and reports derived from or compiled through the Service and through use of the Service, including but not limited to demographics data, location data and trend data such as aggregated data and statistics indicating frequency of use and popularity of the Service and of specific scholarships and funds.  For greater certainty, Pattern Data is data that does not identify a specific individual.  Pattern Data is owned exclusively by yconic.

 

End User License 

Except for User Content, this Website, and the information and materials that it contains, are the property of yconic and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.  Subject to the terms of this Agreement, yconic grants you a non-transferable, non-exclusive, license to use the Website for your personal, non-commercial use (the “License”).   Nothing in the Terms gives you a right to use the yconic names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.  Any future release, update, or other addition to functionality of the Website shall be subject to this Agreement. You agree that you will not do any of the following:

a,          Hacking, accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our providers and partners;

b.         Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;  

c.          forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;

  1. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;  

e.          Interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services.

d.         Removing or modifying any copyright, trade mark or other proprietary notice on the Website.

e.          Use any methods including automated devices (such as robots and spiders) to scrape or index the Website or its Content or to scrape, copy or reproduce any scholarship data;

f.          license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Service;

g.         modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or

h.         register for the Service on behalf of a group or corporate entity.

 

You agree to indemnify us for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service, resulting in claims against us by other users or third parties.  

 

Feedback

If you provide yconic with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), yconic may use such Feedback in the Website or in any other yconic products or services (collectively, "yconic Offerings"). Accordingly, You agree that: (a) yconic is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to yconic, (c) yconic (including all of its successors and assigns and any successors and assigns of any of the yconic Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any yconic Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from yconic or anyone else.

 

Advertisements

You acknowledge and agree that the Website may contain advertisements.  If you elect to have any dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that yconic shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. 

 

Linking

The Website (including User Content) may contain links to third-party websites.  These links are provided solely as a convenience to you and not as an endorsement by yconic of the contents of such third-party websites.  yconic is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

 

While yconic encourages links to the Website, it does not wish to be linked to or from any third-party web site which contains any content prohibited by this Agreement.  yconic reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation. You agree to remove any link you may have to the Website upon the request of yconic.

 

No Advice

The information contained on the Website is for informational purposes only.  It is not intended to provide legal, accounting, tax, investment, financial, scholarship selection, medical or other advice to you, and you should not rely upon the information to provide any such advice.  The views and opinions of the authors of content published on our Website do not necessarily reflect the views and opinions of yconic.

 

Disclaimer of Warranties

THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS."  YCONIC SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  YCONIC DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND YCONIC SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.  YCONIC WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL YCONIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE.  THESE LIMITATIONS SHALL APPLY EVEN IF YCONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YCONIC’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED CANADIAN DOLLARS ($100) OR (B) AMOUNTS YOU’VE PAID YCONIC IN THE PRIOR 12 MONTHS (IF ANY).THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

Indemnification

YOU SHALL INDEMNIFY AND HOLD YCONIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THIS AGREEMENT.

 

Termination

yconic may, at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website and/or the Service, (or any portion thereof).  yconic may also terminate your right to access and use the Website and/or the Service, or any part thereof, if you breach any term or condition of this Agreement.  You may terminate this Agreement at any time by providing us with notice.  You acknowledge and agree that all terminations may be made by yconic are in its sole discretion and that yconic shall not be liable to you or any third-party for any termination of your access to this Website and/or the Service or for the removal of any of the materials uploaded by you to the Website.  Any termination by yconic shall be in addition to any and all other rights and remedies that yconic may have.

 

Security

Please note that information sent or received over the Internet is generally unsecure and Yconic cannot and does not make any representation or give any warranty or condition concerning security of any communication to or from the Website or regarding the interception by third parties of personal or other information.

You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account.  You agree to notify yconic immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.  yconic cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

 

Notice and Procedure for Making Claims of Copyright Infringement

It is the policy of Yconic to respond to claims of intellectual property infringement.  Yconic will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate.  Notifications of claimed copyright infringement should be sent here.

To be effective, the notification of infringement must be a written communication that includes the following:

 

General

This Agreement together with our Privacy Policy constitutes the entire agreement between you and yconic relating to the matters contained herein.   Any consent by yconic to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach.  You may not assign or transfer this Agreement or any right or obligation hereunder.   yconic may assign this agreement without restriction.  If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties.

This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof.  You agree and hereby submit to the jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters.  You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

Last Updated: July 14, 2016