Terms of Use

Kodee’s Canoe is the property of Nitrogen Studios Canada Inc., and is a trademark of Nitrogen Studios Canada Inc. The material contained in this web site is copyrighted and owned by Nitrogen Studios Canada Inc. All rights reserved.

All content on this site is the exclusive property of Nitrogen Studios Canada Inc. The software, text, images, graphics, video and audio used on this site belong to Nitrogen Studios Canada Inc.

No material from this site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Nitrogen Studios Canada Inc.

All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.

  1. The following terms and conditions will be deemed to have been accepted by the User on usage of the website www.kodeescanoe.com. You are requested to read them carefully before you use the services of this site.
  2. The term “User” shall refer to the user who is browsing the site. The term “NSCI” shall refer to Nitrogen Studios Canada Inc. The term “Site” refers to www. kodeescanoe.com, owned and monitored by NSCI.
  3. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site. NSCI may revise the Terms of Use at any time without notice to you.
  4. NSCI may terminate User’s access at any time for any reason. The provisions regarding to disclaimer of warranty, accuracy of information and indemnification shall survive such termination. NSCI may monitor access to the Site.
  5. NSCI does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, statements or products made available on the Site.
  6. The Site, and all content and information provided on the Site, are provided on an “as is” and “as available” basis. NSCI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  7. NSCI shall have no responsibility for any damage to User’s computer system or loss of data that result from the download of any content, materials, and information from the Site.
  8. NSCI may change or discontinue any aspect of its website at any time, including, its content or features. NSCI reserves the right to change the terms and conditions applicable to use of the Site. Such changes shall be effective immediately upon notice, which shall be placed on the Site.
  9. In no event will NSCI be liable for damages of any kind, including without limitation, direct, incidental or consequential damages arising out of the use of or inability to use NSCI website, or any information provided on the website, or any claim attributable to errors, omissions or other inaccuracies or interpretations thereof. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to the user.

Application License
If you decide to use any Application, subject to your compliance with the terms and conditions of these Terms, NSCI grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. NSCI reserves all rights in the Application not expressly granted to you by these Terms. If you download the Application from the iTunes store, you agree that you will only use the Application as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, accessible at http://www.apple.com/legal/itunes/appstore/us/terms.html .

Content License
Subject to your compliance with the terms and conditions of these Terms, NSCI grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and use any content solely for your personal and non-commercial purposes. You will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NSCI or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions
You agree not to do any of the following:

  1. Post, upload, publish, submit, provide access to or transmit any text, graphics, images, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
  2. Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, the NSCI or Kodee’s Canoe name, any Kodee’s Canoe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
  3. Access, tamper with, or use non-public areas of the Site or Application, our computer systems, or the technical delivery systems of our providers;
  4. Attempt to probe, scan, or test the vulnerability of any Kodee’s Canoe system or network or breach any security or authentication measures;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by NSCI or any of our providers or any other third party (including another user) to protect the Site, Application or Content;
  6. Attempt to access or search the Site, Application or Content or download Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Kodees’s Canoe or NSCI or other generally available third party web browsers;
  7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  8. Use any meta tags or other hidden text or metadata utilizing a Kodee’s Canoe or NSCI trademark, logo URL or product name without NSCI’s express written consent;
  9. Use the Site, Application or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Content to send altered, deceptive or false source-identifying information;
  11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Content;
  12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;
  13. Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
  14. Impersonate or misrepresent your affiliation with any person or entity;
  15. Violate any applicable law or regulation; or
  16. Encourage or enable any other individual to do any of the foregoing.

Termination and Account Cancellation
If you breach any of these Terms, NSCI will have the right to suspend or terminate these Terms, at its sole discretion and without prior notice to you. NSCI reserves the right to revoke your access to and use of the Site, Application and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to info@nitrogenstudios.com. The following provisions will survive termination of this Agreement: Ownership, Feedback, General Prohibitions, Disclaimers, Indemnity, Limitation of Liability, Proprietary Rights Notices, Controlling Law and Jurisdiction, Entire Agreement, Assignment and General.

Kodee’s Canoe Applications from iTunes
The following applies to any Application accessed through or downloaded from the Apple iTunes Store (“iTunes Sourced App”):

  1. You acknowledge and agree that (i) these Terms are concluded between you and NSCI only, and not Apple, and (ii) NSCI, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. Your use of the iTunes Store Sourced App must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.
  3. In the event of any failure of the iTunes Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the iTunes Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Store Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of NSCI.
  4. You and NSCI acknowledge that, as between NSCI and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the iTunes Store Sourced App or your possession and use of the iTunes Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and NSCI acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or your possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between NSCI and Apple, NSCI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  6. You and NSCI acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the iTunes Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the iTunes Store Sourced App against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.

Trademarks
Apple, the Apple logo, iPad, iPhone, iPod and iTunes are trademarks of Apple Inc., registered in the U.S.A. and other countries.