Terms Of Use

Date of Last Revision: July 2, 2008.

Welcome to Octaform Systems Inc. (“Octaform”). This website informs you about our company and products. It also connects you with others within our industry. Octaform can be described collectively as, “us”, “we” or “the Company”. By accessing or using our web site at www.octaform.com or the mobile version thereof (together the “Service” or the “Site”) or by posting on our site, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Proprietary Rights in Site Content and Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. The foregoing does not apply to your own User Content that you legally post on the Site.

Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods.

Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Octaform does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Take-Down Policy

Infringement Warning

Octaform respects the intellectual property of others, and we expect all users of the Site to do the same. As noted above, allegedly infringing materials on the site may be removed or suspended at any time in accordance with this Terms of Use. For greater certainty, repeated violation and infringement of the intellectual or propriety rights of others by you may, in appropriate circumstances, result in termination of your access to and use of the Site.

Notification of Infringement

If you believe that any of your work has been copied or published or has otherwise been used in connection with the Site in a way that constitutes copyright infringement or is otherwise an infringement of your intellectual property rights, please provide Octaform’s designated agent for notice of claims of copyright or other intellectual property infringement (the “Copyright Agent”) with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the web site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner’s behalf.

Octaform’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent
Octaform Systems Inc.
520-885 Dunsmuir Street
Vancouver, BC V6C 1N5
By phone: 1-888-786-6282
By fax: 604-408-0595
By email: COPYRIGHT@OCTAFORM.COM

Counter-Notification
If you elect to send us a Counter Notification (i.e. in the event we have taken down or disabled access to material that you have contributed to the Site in response to a notice of its infringement), to be effective it must be a written communication provided to our Copyright Agent that includes substantially the following:

  • an electronic or physical signature of the person authorized to act on behalf of the user;
    identification of the material that has been removed or to which access has been disabled and the
  • location at which the material appeared before it was removed or access to it was disabled;
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your name, address, and telephone number; and
  • a statement that you consent to the jurisdiction of the Federal Court in the district in which your address is located or, if your address is outside the United States, that you consent to any jurisdiction where Octaform may be found, and that you will accept service if process originates from the complainant who provided an Infringement Notice or from the agent for such person.

Such Counter-Notification should be sent to Octaform’s Copyright Agent as follows:

Copyright Agent
Octaform Systems Inc.
520-885 Dunsmuir Street
Vancouver, BC V6C 1N5
By phone: 1-888-786-6282
By fax: 604-408-0595
By email: COPYRIGHT@OCTAFORM.COM

Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Trademarks
“Octaform”, “forming your imagination” and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in Canada, the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Privacy Policy
You acknowledge that you have read the Company’s PRIVACY POLICY (the “Privacy Policy”) and consent to the collection, use and disclosure by Octaform of your personal information for the purposes identified in the Privacy Policy. The Privacy Policy may be updated from time to time. Your continued use of the Privacy Policy after any such changes constitutes your acceptance of the new Privacy Policy. If you do not agree to abide by these or any future Privacy Policies, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Privacy Policy and to review such changes.

Viruses
The Company assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Site.

Disclaimers
Octaform makes no representation or warranty of any kind regarding the Site or its Content, including without limitation as to the accuracy, reliability, currency, veracity, or completeness of the Content or about the results to be viewed using the Content.

The Site and the Content are provided on an “As Is” basis and any use of or reliance on the Site or the Content shall be at your sole risk.

Octaform does not make any, and expressly disclaims all, representations, warranties, covenants, conditions, express or implied by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose or non-infringement of any implied representations or warranties arising out of course of performance or course of dealing. Octaform does not warrant that this site will continue to operate without interruption or be error-free.

Indemnity
You hereby agree to defend, indemnify and hold harmless each of Octaform, its affiliates, its officers, directors, employees, including all third parties mentioned at the site from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees alleging or resulting from your use of the site and the content or your breach of the terms of use.

Limitation of Liability
You agree that in no event will Octaform or its affiliates have any responsibility or liability in connection with this site for any loss or damages, whatsoever, whether based on contract, negligence or other legal basis without limitation, direct, indirect, special, punitive, exemplary or consequential damages or other damages (including, without limitation, damages for harm to business, loss of information or programs or data, loss of savings, loss of revenue, loss of goodwill) arising from or in connection with the use or access or any inconvenience, delay or loss resulting from your use or inability to use the site or any other site you access or link from this site or from any actions we may take or fail to take as a result of electronic mail message you send us.

Waiver
The company’s failure to insist upon or enforce strict performance of any provision of these terms of use shall not be construed as a waiver of any provision or rights contained in these terms of use.

Governing Law
The site is governed by and construed in accordance with the laws of British Columbia and any applicable federal law. Disputes shall be settled in the courts of the province of British Columbia, though the forgoing shall not limit the express provisions under the take down policy with respect to jurisdiction in the event of counter-notification. You are responsible for informing yourself of the laws of the jurisdiction and complying with those laws.

Contacting Us 
If you have any questions about this terms of use, you may contact us at MARKETING@OCTAFORM.COM.