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Terms of Use

Last updated : November 28, 2016

Thank You for Using Bocal!

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY CIRCUIT 9, INC. ("CIRCUIT 9", "WE"), A CANADIAN CORPORATION. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MOBILE APPPLICATION ("THE APP") AND THE WEBSITE AT HTTP://BOCAL.CO (THE "SITE") (COLLECTIVELY WITH THE APP, THE "SERVICE").

BOCAL IS A TRADEMARK OF CIRCUIT 9.

Acceptance of Terms

By using the Service in any manner, you agree to all of the terms and conditions contained herein ("Terms of Use") and to comply to all applicable laws.

Registration and Eligibility

When you create an account, you are required to provide accurate and complete registration information and to keep your registration information accurate and up-to-date.

You shall not:

  • create any account for anyone other than yourself without such person's permission;
  • use a User Name that is the name of another person with the intent to impersonate that person;
  • use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

If you open an account on behalf of a company, organization or other entity, you represent that you are authorized to grant all authorizations and licenses required by these terms and conditions on behalf of that entity and that you accept these Conditions and licenses required on behalf of that entity.

The Service is not available to individuals who are younger than 13 years old.

Content Policy

The Service allows you to publish Content, such as texts, photos, links and other resources. Anything you publish or make available to other users via the Service is considered your Content and you are solely responsible for it.

By posting Content via the Service, you grant Circuit 9 a non-exclusive, royalty-free, transferable and sublicensable worldwide license to use, record, display, reproduce, modify, create content and distribute your Content with the Service or elsewhere. Nothing in these terms shall limit the legal rights of Circuit 9 to user content, such as other licenses. We reserve the right to remove or modify the User Content for any reason, in particular if the Content infringes these conditions, without notifying the user beforehand.

Upon deletion of your account, your Content will cease to be distributed to current and future users of the Service within a reasonable period of time. Your Content may however be retained for a commercially reasonable period of time by Circuit 9 for backup, archiving, performance, and auditing purposes. Circuit 9 and its users may retain and continue to use, view and share your Content they have saved via the Service.

Circuit 9 does not guarantee the availability of all User Content or Submissions via the Service. Circuit 9 is not required to monitor the Site, Service, Content or User Submissions. However, Circuit 9 reserves the right to (i) delete, suspend, edit or modify Content at its sole discretion including, without limitation, any User Submission, at any time without notice to (Including but not limited to claims or allegations of third parties or authorities with respect to the Content or Circuit 9 wonders whether you have violated these Terms of Use ) Or for no reason and (ii) to remove, suspend or block any User Submission from the Service. Circuit 9 also reserves the right to access, read, retain and disclose information deemed necessary to (i) comply with all laws, regulations, legal processes or governmental applications, (ii) enforce these Terms and Conditions (iii) detect, prevent or address technical, security or fraud problems, (iv) respond to requests for assistance from users, or (V) protect the rights, property or safety of Circuit 9, its users and the public.

Rules of Conduct for the Publication of Content

Failure to comply with one or more of the following rules may result in the termination of your account.

As a non-limiting example, you may not (nor permit a third party) to load, download, publish, submit, distribute or facilitate the distribution of any Content on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Circuit 9 in its sole discretion
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • ontains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Circtuit 9 or any third party;
  • impersonates any person or entity, including any employee or representative of de Circuit 9;
  • includes anyone's identification documents or sensitive financial information;

Circuit 9 has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not (directly or indirectly):

  • take any action that imposes or may impose (as determined by Circuit 9 in its sole discretion) an unreasonable or disproportionately large load on Circuit 9's (or its third party providers') infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures Circuit 9 may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • run any form of auto-responder or "spam" on the Service;
  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Service;
  • harvest or scrape any Content from the Service;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Circuit 9;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • otherwise take any action in violation of Circuit 9's guidelines and policies.

Termination

Circuit 9 may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" BY CIRCUIT 9 AND IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE GOOD FUNCTIONING OF THIS ONE.

While reasonable efforts are made to ensure that the information provided by the Service is up to date and accurate, Circuit 9 does not warrant that it will be error free or up to date all the time or at any time. YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.

The Content shared by the Service may contain links to other websites, advertisers, special offers or other content of a third party that does not belong to Circuit 9. We do not assume any liability for the information presented by these third parties. You access the sites, content and other resources of a third party at your own risk and you agree that Circuit 9 assumes no responsibility for your use or access to any content from a third party.

If you are using a mobile device, please note that your carrier's usual rates and charges for the data apply.

Unauthorized Access

Circuit 9 makes the necessary efforts so that unauthorized third parties can not access your Contents. In the event of unauthorized access to your Contents, please inform us immediately at info@bocal.co.

Indemnification

If you use the Service for commercial purposes contrary to these terms and conditions, you agree to indemnify and hold Circuit 9 harmless from any and all claims, suits, lawsuits, risks, damages, losses, costs and expenses including but not limited to reasonable legal and accounting fees (including defense costs) that would arise in connection with the access or use of the Service, your Content or the violation by yourself of These conditions.

Modification of Terms of Use

Circuit 9 reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Circuit 9 may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Applicable Law and Jurisdiction

These Terms of Use are governed by the laws of Canada, regardless of conflict of laws principles. Each party agrees to submit all actions to the personal jurisdiction of the Court of State located in the province of Quebec.

The Service is controlled and operated in Canada and we make no representation that it is appropriate or available for use in other geographic areas.

Language

When Circuit 9 provides a translation of the French version of these Terms of Use, you agree that this translation is provided solely for convenience and that the French version of these Terms govern your relationship with Circuit 9.p>

In the event of any inconsistency between the French version of these Terms of Use and the translation, the French version prevails.

Questions or Comments

If you questionsor concerns about the Terms of use you can contact us at the following email address: info@bocal.co

We like to receive comments and thoughts from our users in order to improve Service. If you decide to share your ideas, opinions and suggestions with us, you agree that Circuit 9 may use them without any restriction or compensation towards you.

Effective Date: November 28, 2016