Terms of Service
Your use of eDecree is subject to these Terms of Service. If you are found to be in violation of our Terms of Service at any time, as determined by eDecree in its sole discretion, we may warn you, or suspend, or terminate your account. As addressed in our Terms of Service, we may change our terms at any time, and it is your responsibility to keep up-to-date with and adhere to the terms posted here.
Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
Description of the eDecree Service: eDecree is an application from 1595769 Ontario Ltd. (the “Service”). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. eDecree disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. eDecree also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
Personal Use: The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. Accuracy of information. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
Confidentiality of your password and account: You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder.
Use of eDecree Service via accounts you register: You are responsible for all eDecree Service activities that occur under accounts you register with the eDecree Service.
Access to eDecree via your computer or other equipment: You are responsible for controlling access to devices that you register which may access the eDecree service. If such equipment becomes lost or stolen, you are responsible for corrective action, including the locking of eDecree Service access via the lost or stolen equipment.
Proper Use: You agree that you are responsible for your own content creation and communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that contains viruses; (ii) prevent others from using the Service; (iii) use the Service for any fraudulent or inappropriate purpose; or (iv) act in any way that violates the Terms of Service, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. eDecree reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. eDecree reserves the right to refuse service to anyone at any time without notice for any reason.
Prohibited Use: In addition to the prohibited actions described in this Terms of Service, users may not:
- Use the eDecree service to record the voice of other people without their consent
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
- Promote or encourage illegal activity
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any eDecree account
- Modify, adapt, translate, or reverse engineer any portion of the eDecree Service
- Remove any copyright, trademark or other proprietary rights notices contained in or on the eDecree Service
- Reformat or frame any portion of the web pages that are part of the eDecree Service
Security: You must promptly notify eDecree of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.
Content of the Service: eDecree takes no responsibility for third party content (including, without limitation, files, images, sound recordings, hyperlinks, or any viruses or other disabling features), nor does eDecree have any obligation to monitor such third party content. eDecree reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
eDecree’s liability for fees: eDecree disclaims any responsibility or liability for any fees, expenses or other charges you may incur from 3rd parties from using the Service, including phone service charges, internet access charges or otherwise. eDecree Access to Content. eDecree also reserves the right to read, access, disclose, and preserve any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of eDecree, its users and the public. eDecree will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
eDecree’s Intellectual Property Rights: You acknowledge that 1595769 Ontario Ltd. owns all right, title and interest in and to the Service, including without limitation all intellectual property, and such rights are protected by U.S., Canadian, and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. The eDecree Rights include rights to (i) the Service developed and provided by 1595769 Ontario Ltd.; and (ii) all software associated with the Service. The 1595769 Ontario Ltd. Rights do not include third-party content used as part of the Service, including the content of dictations and communications created using the Service.
Your Intellectual Property Rights: eDecree does not claim any ownership in any of the content, including any voice recordings, text, data, information, images, photographs, music, sound, video, or other material, that you record, upload, transmit or store in your eDecree account. We will not use any of your content for any purpose except to provide you with the Service.
Representations and Warranties: You represent and warrant that (a) all of the information provided by you to eDecree to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Publicity: Any use of eDecree trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Agreement and in compliance with eDecree’s then current use guidelines, and any content contained or reference therein.
Termination; Cancellation: You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to eDecree at firstname.lastname@example.org. It may take several days or longer for the account to completely deactivate. eDecree may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless eDecree has previously canceled or terminated your use of the Service (in which case subsequent notice by eDecree shall not be required), if you have provided an alternate email address, eDecree will notify you via email of any such termination or cancellation, which shall be effective immediately upon eDecree’s delivery of such notice. Sections regarding Personal Use, Content of the Service, eDecree Access to Content, Intellectual Property Rights, Representations and Warrantees, Privacy and Publicity, Indemnification, Disclaimer of Warranties, Limitations of Liability, Choice of Law and Jurisdiction shall survive expiration or termination of your account.
Indemnification: You agree to hold harmless and indemnify eDecree, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, eDecree will provide you with written notice of such claim, suit or action.
Disclaimer of Warranties: eDecree disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the EDECREE SERVICES. eDecree disclaims any responsibility for the deletion, failure to store, misdelivery, mistranslation or mistranscription, or untimely delivery of any information or material. eDecree disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the EDECREE SERVICES. THE EDECREE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE EDECREE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EDECREE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EDECREE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EDECREE SERVICES. EDECREE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EDECREE SERVICES. EDECREE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EDECREE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EDECREE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EDECREE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EDECREE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL EDECREE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE EDECREE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EDECREE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EDECREE SERVICES, FROM INABILITY TO USE THE EDECREE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EDECREE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EDECREE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EDECREE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EDECREE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EDECREE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EDECREE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EDECREE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall EDECREE or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Choice of Law; Jurisdiction: These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the Province of Ontario, Canada, and you consent to the jurisdiction of such courts.