Company hereby grants you a non-exclusive, non-transferable, license to access and use the Unstackr Site and Service, through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Unstackr Site and Service to be used by or for the benefit of unauthorized individuals or business entities. You shall not have any right to transfer or assign rights to access or use the Unstackr Site and Service. All rights not expressly granted to you are reserved by Company and its licensors. You shall not:

• Modify or make derivative works based upon the Unstackr Site and Services

• Reverse engineer or access the Unstackr Site and Services

• Build a product using similar features, functions or graphics of the Unstackr Site and Services

• Copy any features, functions or graphics of the Unstackr Site and Services

Company owns all right, title, and interest in and to the Unstackr Site and Services, including all intellectual property rights therein.

You are responsible for:

• Not using the Unstackr Site and Service to violate any local, state, national, or international law or regulation, including those related to data privacy, protection of intellectual property and the transmission of technical or personal data

• Letting Company know of any unauthorized use of your user account or any other known or suspected breach of security, and report immediately and use reasonable efforts to stop any replication or distribution of content that is the property of the Company

• Using and maintaining the security of the hardware equipment which is used to access the Unstackr Site and Services

You agree not to:

• Use any manual or automated software, devices, or other processes to “crawl,” “spider,” or “screen scrape” any web pages contained in the Unstackr Site and Service

• Reverse engineer, decompile or disassemble any of the software used to provide the Unstackr Site and Services

• Reproduce, duplicate or copy or exploit any other portion of the Unstackr Site and Services, without the express written permission of the Company

• Interfere with or disrupt the Unstackr Site and Services, or any servers or networks connected to the Unstackr Site and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Unstackr Site and Services

• Obtain, collect, store or modify the personal information about other users

• Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

• Push, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other websites, software or services

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Unstackr Site and Services

• Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights

• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation

• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

• Modify, adapt or hack the Unstackr Site and Services or falsely imply that some other site is associated with the Unstackr Site and Services or the Company

• Use the Unstackr Site and Services for any illegal or unauthorized purpose. You must not, in the use of the Unstackr Site and Services, violate any laws in your jurisdiction (including but not limited to copyright laws)

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE UNSTACKR SITE AND SERVICES IS AT YOUR SOLE RISK. THE UNSTACKR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE UNSTACKR SITE AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). COMPANY MAKES NO WARRANTY THAT THE UNSTACKR SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE UNSTACKR SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNSTACKR SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THE UNSTACKR SITE AND SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THROUGH THE SITE AND SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE UNSTACKR SITE AND SERVICES.

You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Unstackr Services, (b) your (or anyone using your account’s) use of the Unstackr Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity

The company claims no intellectual property rights over the material you provide to the Unstackr Site and Services. Your Space and files uploaded remain yours. By setting your assets to be shared publicly, you agree to allow others to view and share any content of your assets. The Company does not check your content, but the Company and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content and files that are available via the Unstackr Site and Services.

You agree that Company may terminate your Unstackr Services or suspend your access to all or part of the Unstackr Site and Services, without notice, if Company determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Company shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the Unstackr Site and Services. You may cancel your Space and access to the Unstackr Site and Services at any time.

These Terms constitute the entire and exclusive, and final statement of the agreement between you and Company with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Company with respect to the subject matter hereof. These Terms and the relationship between you and Company shall be governed by the laws of the province of Ontario, Canada, without reference to conflict of laws principles, notwithstanding your actual place of residence. For any disputes arising out of this Agreement, the parties consent to the personal and exclusive jurisdiction of, and venue in, the provincial or federal court within Toronto, Ontario, Canada. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Unstackr Site and Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire and exclusive Agreement between you and the Company hereto with respect to the subject matter hereof and supersedes and cancels all previous registrations, agreements, commitments and writings in respect thereof.