Terms of Use

The following Terms of Use govern your access to and use of our website located at me-elecmetal.com (the “Website”) and any text, images, media, data, information, and other materials or content (collectively, the “Content”) contained or provided through the website.

These Terms of Use form an agreement between ME Elecmetal S.A. and its affiliates (collectively, “ME Elecmetal,” “we,” “us,” “our”) and you. The term “you” refers to the person or entity browsing, installing, downloading, accessing, or otherwise using (“use” or “using” in these Terms of Use shall mean the foregoing) the website.

BY USING THE WEBSITE, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (II) ALL INFORMATION YOU PROVIDE TO US THROUGH THE WEBSITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 12.

1. Website Ownership

The website and all content (“Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by ME Elecmetal, our licensors, and certain other third parties. All rights, title, and interest in and to the Content and Intellectual Property available through the Website are owned by ME Elecmetal, our licensors, or certain other third parties, and are protected by Canadian and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. ME Elecmetal owns the copyrights in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website. All rights not expressly granted to you under these Terms of Use are reserved.

2. Website License

Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to use the website.

3. Website Access

We reserve the right, at our sole discretion, to deny you access to the website at any time and for any reason, including for violation of these Terms of Use. You shall cease and desist such access or use immediately upon our request.

4. Data You Upload

You grant us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid, royalty-free, transferable, and sublicensable license to access, collect, store, and use any data, information, feedback, records, and files you upload, transmit, or enter on the Website (the “User Data”) to: (i) develop and improve the Website; and (ii) produce data, information, or other materials not identified as relating to any particular individual or company (such data, information, and materials, the “Aggregated Statistical Information”). We are free to create, use, and disclose Aggregated Statistical Information for any purpose and without any obligations of any kind.

5. No Illegal or Prohibited Use

Without limiting the generality of the foregoing, you shall not (and shall not attempt to):

(a) send, upload, collect, transmit, store, use, publish, post, or otherwise communicate on the website any data, information, images, videos, music, or other materials or content that:

(i) contains computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;

(ii) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(iii) you do not have a legitimate right to send, upload, collect, transmit, store, use, publish, or otherwise communicate;

(iv) is false, intentionally misleading, or impersonates any other person;

(v) is intimidating, harassing, abusive, threatening, vulgar, obscene, or offensive, or contains pornography, nudity, or gratuitous or graphic violence, or promotes violence, racism, discrimination, intolerance, hatred, or physical harm of any kind against any group or individual;

(vi) is harmful to minors in any way or is directed at minors;

(vii) violates any applicable law, or infringes, violates, or misappropriates the intellectual property or other rights of any third party (including any moral rights, privacy rights, or publicity rights); or

(viii) encourages any conduct that may violate any applicable law or give rise to civil or criminal liability;

(b) collect or compile or store any information (including personally identifiable information) about other users of the website, including email addresses, without the express consent of such users;

(c) disable, overload, degrade, or otherwise interfere with servers or networks connected to the website (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the website, other computer systems, or networks connected to the website, through password mining or any other means;

(e) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the website or any part thereof or attempt to discover any source code;

(f) use, download, or otherwise copy, or provide to any person or entity any directory of website users or other user or usage information or any part thereof other than in the context of your use of the website;

(g) use the website to build a similar or competitive product or service; or

(h) use the website in any manner not permitted by these Terms of Use.

6. Data Governance

(a) Click here to review our current Data Governance Statement, which contains important information about our practices in collecting, storing, using, and disclosing your data, and which is incorporated and forms part of these Terms of Use: https://www.me-elecmetal.com/https:/politicas-de-privacidad

(b) To the extent that User Data contains information about an identifiable individual (“Personal Information”), Personal Information shall be governed by our Privacy Policy which is incorporated and forms part of these Terms of Use: https://www.me-elecmetal.com/https:/politicas-de-privacidad

7. Viruses

Downloading and viewing Content is at your own risk. We do not warrant or guarantee that the website is compatible with your computer system or that the website, or any links from the website, are free of viruses, worms, trojans, disabling devices, or other code exhibiting contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the full cost of any service, repair, or connection to and from your computer system that may be necessary as a result of your use of the website.

8. Non-Confidential Communications

We do not guarantee the confidentiality of any communication made by you through the website. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the website.

Disclaimers

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, RELIABILITY, INTEGRITY, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, NON-INFRINGEMENT, OR ANY WARRANTY OR CONDITION ARISING OUT OF COURSE OF DEALING OR TRADE USAGE, OR THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES), WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE MYDEMOCRACY PLATFORMS. WE DISCLAIM ALL LIABILITY OF ANY KIND FROM OUR LICENSORS AND SUPPLIERS.

TO THE EXTENT THE ABOVE LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE THE WEBSITE, EXCEED CDN $10. FOR CLARITY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE SHALL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

10. Indemnification

You shall defend, indemnify, and hold harmless us and all of our officers, directors, employees, and agents from and against any claim, cause of action, demand, recovery, loss, damage, fines, penalties, or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, arising out of or in connection with:

(a) your breach of any provision of these Terms of Use or any document referenced herein; (b) your violation of any law or the rights of any third party (including, but not limited to, privacy or intellectual property rights); or

(c) your use of the website in a manner for which it was not designed or intended to be used, as described in these Terms of Use and any instruction or guideline we provide to you.

11. Changes, Termination, and Survival

(a) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Additionally, we reserve the right to change these Terms of Use at any time and notify you by posting an updated version of the Terms of Use on the website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, checking the “Last Updated” date at the bottom of this document. Continued use of the website after such changes shall constitute your consent to be bound by such changes, and the continued provision of use of the website shall constitute consideration from DiPerk to you for being bound. Your sole remedy with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the website, or (3) any content available through the website, is to cease accessing and using the website.

(b) The following Sections, together with any other provisions of these Terms of Use that expressly or by their nature survive termination or expiration, or contemplate performance or observance after termination or expiration of these Terms of Use, shall survive expiration or termination of these Terms of Use for any reason: Sections 1 (Website Ownership and Content), 4 (Data You Upload), 6 (Privacy), 7 (Viruses), 8 (Non-Confidential Communications), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (b) (Survival), and 13 (General Provisions).

12. General Provisions

(a) Choice of Governing Law. These Terms of Use are governed by the provincial laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any conflict of law principles that may provide for the application of the laws of another jurisdiction. Except as restricted by applicable law, you agree to submit to the exclusive jurisdiction and venue of the courts of Vancouver, British Columbia, Canada to litigate all such claims or disputes. Notwithstanding the foregoing, if a dispute arises between you and us, you agree to notify us of any dispute you have with us relating to these Terms of Use by contacting us.

(b) Electronic Communications. You are communicating with us electronically when you use the website or send us an email. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

(c) Notices. We may provide notices by posting the notices on the website itself or by sending the notices to the email associated with your Cubiq account. We are not responsible for any automatic filtering you or your network provider may apply to email notices.

(d) Severability. If any provision contained in these Terms of Use is determined to be void, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms of Use and all other provisions of these Terms of Use shall remain in full force and effect.