ICANNWORLD INC. Terms and Conditions
Last Updated:July 2020
Welcome to ICANNWORLD!
These Terms and Conditions constitute an agreement between you and ICANNWORLD INC. having its Effective Date as July 1, 2020.
AGREEMENT: These Terms and Conditions outline the rules and regulations when you use, visit or make a purchase from www.icannworld.com or any of its other subdomains or brands and their managed Sites (collectively, the “Sites”).
These Terms and Conditions applies to all the Sites in the ICANNWORLD corporate family, Our products and services, and Our mobile applications (collectively, the “Services”).
By accessing any of the Sites We assume you accept these terms and conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. Do not continue to use the Sites if you do not agree to take all of the terms and conditions stated herein.
DEFINITIONS & TERMINOLOGY
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:
"Client", "You" and "Your" refers to you, the person logged on and using the Sites and the Services compliant to these terms and conditions.
"The Company", "Ourselves", "We", "Our" and "Us", refers to ICANNWORLD INC.
"Party", "Parties", or "Us", refers to both the Client and Ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of Our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of ICANNWORLD’s stated services, in accordance with and subject to, prevailing law of Canada and the province of Ontario.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
ASSENT & ACCEPTANCE
By using the Sites, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Sites immediately. The Company only agrees to provide use of the Sites and the Services to You if You assent to this Agreement.
You must be at least 18 (eighteen) years of age to use the Sites or any of the Services contained herein. By using the Sites, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
ICANNWORLD may provide You with certain information as a result of Your use of the Sites or the Services. Such information may include but is not limited to, documentation, data, or information developed by ICANNWORLD, and other materials which may assist in Your use of the Sites or the Services (" Company Materials").
Subject to this Agreement, ICANNWORLD grants You:
a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Sites and the Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Sites or the Services or at the termination of this Agreement.
You agree that the Sites and all the Services provided by ICANNWORLD are the property of ICANNWORLD, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that ICANNWORLD owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from ICANNWORLD.
a) In order to make the Sites and the Services available to You, You hereby grant ICANNWORLD a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Sites ("Your Content"). ICANNWORLD claims no further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
Unless otherwise stated, ICANNWORLD and/or its licensors own the intellectual property rights for all material on the Sites. All intellectual property rights are reserved. You may access this from the Sites for Your own personal use subjected to restrictions set in these terms and conditions.
You must not:
This Agreement shall begin on the Effective Date hereof.
Some of the Sites offer an opportunity for users to post and exchange opinions and information in certain areas of the Sites. ICANNWORLD does not filter, edit, publish or review Comments prior to their presence on the Sites. Comments do not reflect the views and opinions of ICANNWORLD, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, ICANNWORLD shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on any ICANNWORLD Sites.
ICANNWORLD reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant ICANNWORD a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your Comments in any and all forms, formats or media.
As a user of the Sites or the Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Sites and the Services. You must not share such identifying information with any third-party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Sites or the Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
You agree not to use the Sites or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Sites or the Services in any way that could damage the Sites, the Services, or general business of ICANNWORLD.
a) You further agree not to use the Sites or the Services:
I. To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II. To violate any intellectual property rights of ICANNWORLD or any third-party;
III. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV. To perpetrate any fraud;
V. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI. To publish or distribute any obscene or defamatory material;
VII. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII. To unlawfully gather information about others.
HYPERLINKING TO OUR CONTENT
The following organizations may link to any ICANNWORLD Sites without prior written approval:
These organizations may link to the Sites, to publications or to other Site information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s website.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if We decide that: (a) the link would not make Us look unfavorably to Ourselves or to Our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to Us from the visibility of the hyperlink compensates the absence of ICANNWORLD; and (d) the link is in the context of general resource information.
These organizations may link to the Sites so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If You are one of the organizations listed in paragraph 2 above and are interested in linking to any ICANNWORLD Sites, You must inform Us by sending an e-mail to ICANNWORLD. Please include Your name, Your organization name, contact information as well as the URL of Your site, a list of any URLs from which You intend to link to any ICANNWORLD Sites, and a list of the URLs on Our site to which You would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to any ICANNWORLD Sites as follows:
No use of ICANNWORLD's logo or other brand-managed artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, You may not create frames around the Sites and their webpages that alter in any way the visual presentation or appearance of any ICANNWORLD Sites.
AFFILIATE MARKETING & ADVERTISING
ICANNWORLD, through the Sites and the Services, may engage in affiliate marketing whereby ICANNWORLD receives a commission on or percentage of the sale of goods or services on or through the Sites. ICANNWORLD may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with any legal requirements which may apply across global jusrisdictions.
We shall not be held responsible for any content that appears on Your Website. You agree to protect and defend Us against all claims that is rising on Your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
RESERVATION OF RIGHTS
We reserve the right to request that You remove all links or any particular link to any ICANNWORLD Sites. You approve to immediately remove all links to any ICANNWORLD Sites upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to any ICANNWORLD Sites, You agree to be bound to and follow these linking terms and conditions.
REMOVAL OF LINKS FROM ANY ICANNWORLD SITES
If You find any link on any ICANNWORLD Sites that is offensive for any reason, You are free to contact and inform Us any moment. We will consider requests to remove links but We are not obligated to do so or to respond to You directly.
We do not ensure that the information on the Sites is correct, We do not warrant its completeness or accuracy; nor do We promise to ensure that the Sites remains available or that the material on the Sites is kept up to date.
Through Your Use of the Sites and the Services, You may provide Us with certain information. By using the Sites or the Services, You authorize ICANNWORLD to use Your Information in Canada, The United States and any other country where We may operate.
a) Information We May Collect or Receive: When You use the Sites or purchase the Services, You may provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use the Sites or the Services, We may also receive information from external applications that You use to access the Sites, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on the Sites and in receiving the Services, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that ICANNWORLD will still receive information about You that You have provided, such as Your email address. If applicable and You choose to terminate Your account, ICANNWORLD will continue to store information about You until You submit explicit instructions to be removed from our records, or until ICANNWORLD elects to remove You from our records.
ICANNWORLD may sell goods or services or allow third-parties to sell goods or services on the Sites. ICANNWORLD undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, ICANNWORLD does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Sites or the Services;
b) Violate the security of the Sites or the Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
ICANNWORLD does not accept responsibility for the security of Your account or content. You agree that Your use of the Sites or the Services is at Your own risk.
You agree to defend and indemnify ICANNWORLD and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Sites or the Services, Your breach of this Agreement, or Your conduct or actions. You agree that ICANNWORLD shall be able to select its own legal counsel and may participate in its own defense if ICANNWORLD wishes.
You are strictly prohibited from using the Sites or the Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
MODIFICATIONS & VARIATIONS
ICANNWORLD may, from time to time and at any time without notice to You, modify this Agreement.
You agree that ICANNWORLD has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Sites and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent, any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Sites or the Services after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of the Sites and the Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of the Sites and the Services.
To the maximum extent permitted by applicable law, We exclude all representations, warranties and conditions relating to any ICANNWORLD Sites and the use of the Sites. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the Sites and the information and services on the Sites are provided free of charge, We will not be liable for any loss or damage of any nature.
ICANNWORLD may need to interrupt Your access to the Sites or the Services to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Sites and the Services may be affected by unanticipated or unscheduled downtime, for any reason, but that ICANNWORLD shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION & SUSPENSION
ICANNWORLD may terminate this Agreement with You at any time for any reason, with or without cause. ICANNWORLD specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of ICANNWORLD or a third-party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that Your use of the Sites and the Services is at Your sole and exclusive risk and that any of the Services provided by Us are on an "As Is" basis. ICANNWORLD hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty for a particular purpose and the implied warranty of merchantability.
ICANNWORLD makes no warranties that the Sites or the Services will meet Your needs or that the Sites or the Services will be uninterrupted, error-free, or secure. ICANNWORLD also makes no warranties as to the reliability or accuracy, completeness, or quality of any information on the Sites or obtained through the Services. You agree that ICANNWORLD is not liable for any errors, omissions, loss or any damage which may be caused by your use of the Sites or the Services, to the fullest extent permitted by law. You agree any damage that may occur to You, through Your computer or mobile system, or as a result of the loss of Your data from Your use of the Sites or Services is Your sole responsibility and that ICANNWORLD is not liable for any such damage or loss.
LIMITATION ON LIABILITY
ICANNWORLD is not liable for any damages that may occur to You as a result of Your use of the Sites or the Services, to the fullest extent permitted by law. The maximum liability of ICANNWORLD arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to ICANNWORLD in the last three (3) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
a) LANGUAGE: All communications made or notice given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Sites or the Services, You agree that the laws of the province of Ontario shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and ICANNWORLD, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the provincial and federal courts of the following province and country: ONTARIO, CANADA. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following province and country: ONTARIO, CANADA. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following province: ONTARIO.
d) Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and provincial law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by ICANNWORLD will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
e) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by ICANNWORLD, the rights and liabilities of ICANNWORLD will bind and inure to any assignees, administrators, successors, and executors.
f) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
g) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
h) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
i) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third-parties.
j) FORCE MAJEURE: ICANNWORLD is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
k) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail.
For any questions or concerns, or if You would like to make a complaint, please contact Us by e-mail at email@example.com with Subject Line as “Online Terms and Conditions”.