Privacy Notice

Privacy

This website, metrogolfdome.com is the property of Metro Golf Dome Inc. (“Metrogolfdome.Com”) and all sites associated to this website by Metrogolfdome.Com are governed by these Terms of Use and by using this site, you agree to these terms of use. We reserve the right to add, remove, change and update these terms at our discretion.



“Confidential Information” includes any information, document, material, idea or data, which is disclosed by one party to the other party including, but not limited to, information regarding the Metrogolfdome.Com Website, Software and Services.



Confidential Information shall not include any document, material, idea, data or other information which (i) is known to the receiving party under no obligation of confidence, at the time of disclosure by the other party; (ii) is lawfully obtained by the receiving party from a third party who, in making such disclosure, breaches no obligation of confidence to the other party; (iii) is or becomes publicly known through no wrongful act of the receiving party; (iv) is independently developed by the receiving party without use of the disclosing party’s information; or (v) is required to be disclosed by government or court order or other legal process, provided that the receiving party has taken reasonable steps to permit the owner of the information to prevent or limit such compulsory disclosure.



“Client” refers to an end user of the Website, Software and Services.



“Data” means any data collected by you using this Website, Software and Services.



“Software” or “Metrogolfdome.Com Software” means the Website, Software and Services provided by Metrogolfdome.Com to Client hereunder, including any software developed in the course of providing service.



“User” means an end user of the Website, Software and Services.



The Client agrees that the Website, Software licenses and Services being used or purchased are limited.



All rights not expressly granted are reserved in their entirety.



THE Metrogolfdome.Com SOFTWARE, WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. Metrogolfdome.Com DOES NOT WARRANT THAT EITHER THE Metrogolfdome.Com WEBSITE, SERVICES OR THE SOFTWARE WILL BE COMPLETE, ERROR-FREE, SECURE OR THAT THEY WILL MEET CLIENT’S REQUIREMENTS.



The website and software provided or licensed hereunder, including software created pursuant to custom development services, is the property of Metrogolfdome.Com.



Any products, improvements or alterations made to the Website and Software in the course of or in violation of this Agreement shall become the property of Metrogolfdome.Com.



The Website and Software are protected by copyrights, trade marks, international treaties and/or other proprietary rights and laws of the Canada and other countries. Client agrees to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or other restrictions in the Agreement. The Software licences provided hereunder grant no right, title, or interest in any intellectual property owned or licensed by Metrogolfdome.Com, and create no relationship between Client and Metrogolfdome.Com, other than that of licensee to licensor.



THE WEBSITE, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. Metrogolfdome.Com DOES NOT WARRANT THAT THE WEBSITE, SERVICES OR SOFTWARE WILL BE COMPLETE, ERROR-FREE, SECURE OR THAT THEY WILL MEET CLIENT’S REQUIREMENTS. CLIENT ASSUMES THE ENTIRE RISK ARISING OUT OF THE USE OF THE WEBSITE, SERVICES OR SOFTWARE AND THE DATA. CLIENT ACKNOWLEDGES THAT IT HAS OR WILL HAVE INDEPENDENTLY DETERMINED THAT ALL DATA ACQUIRED BY IT USING THE WEBSITE, SOFTWARE OR SERVICES MEETS ALL OF CLIENT’S TECHNICAL SPECIFICATIONS AND BUSINESS REQUIREMENTS. CLIENT ALSO ASSUMES SOLE RESPONSIBILITY WITH RESPECT TO ANY COLLECTION, USE, OR DISCLOSURE OF THE DATA.



Metrogolfdome.Com expressly denies any warranty that the Website and any Software created or Services provided hereunder will interface with any third party software.



Metrogolfdome.Com shall not be responsible for loss or destruction of Data used in conjunction with the Website, Software or Services.



The Client agrees that lack of use of the Website, Software or Services, regardless of reason, shall not relieve the Client from the terms of this Agreement.



In no event shall Metrogolfdome.Com be liable for any consequential, special, incidental or punitive damages whatsoever arising out of this Agreement.



Metrogolfdome.Com is not responsible for injury to persons or property arising out of Client’s use of the Website, Software or Services; material published by the Client infringing on the rights of a third party; copyright or patent infringement claims; claims based on the publication of or collection of illegal materials, damages resulting from loss of data, non delivery or interruption of any Metrogolfdome.Com Software, Website or Services, even if Metrogolfdome.Com has been advised of the possibility of such damages and regardless of the legal basis for relief.



Metrogolfdome.Com’s entire liability to Client shall not exceed, in the aggregate, the amounts paid to Metrogolfdome.Com by Client under this Agreement during the three months preceding the initiation of any claim by Client for damages arising out of, or related to, this Agreement.



The foregoing exclusions and limitations shall apply regardless of the nature of the loss or damages or the legal basis of any claim. The foregoing exclusions and limitations shall survive the expiry or termination of this agreement.



Client acknowledges that any fees paid to Metrogolfdome.Com under this Agreement contemplate the foregoing allocation of risks.



Metrogolfdome.Com shall defend, indemnify and hold Client harmless, its officers, directors, employees and agents from any losses, damages, costs and expenses incurred in connection with or resulting from (i) any claim brought by any third party against Client alleging that the Website, Software or Services infringe the intellectual property rights of any third party in Canada, or (ii) the unauthorized use or breach by Metrogolfdome.Com of Confidential or Personal information provided by the Client under this Agreement.



Metrogolfdome.Com shall not be liable for infringement claims based on (i) any information, materials, specifications or requirements provided to Metrogolfdome.Com by Client; (ii) the combination, operation or use of the Website, Services or Software with hardware, data or software not supplied by Metrogolfdome.Com if the claim would have been avoided by use of other hardware, data, website or software; or (iii) modifications to Website and Software if the modifications were not authorized by Metrogolfdome.Com.



In the event that the Website, Software of Services become the subject of an infringement claim or Metrogolfdome.Com or Client are temporarily or permanently enjoined from the use of any Software, Website or Services, Metrogolfdome.Com may, at its sole discretion, (i) procure for Client the right to continue using such Software, Website or Services; (ii) modify the Website, Software or Services so they become non-infringing; or (iii) require Client to cease using and to return the affected Website, Software and/or Services and refund to Client a pro rata portion of the fees paid for them, less depreciation based on a three-year period.



Subject to Metrogolfdome.Com’S indemnity obligations as set out in this section, Client shall defend, indemnify and hold Metrogolfdome.Com, its officers, directors, employees and agents harmless from any and all claims, costs, expenses or damages (including, without limitation, reasonable legal fees) incurred in connection with or resulting from: (i) any breach by Client of the terms and conditions of this Agreement; (ii) of Client’s use of the Website, Software or collection, use, or disclosure of the Data in violation of any applicable law or regulation; (iii) the wilful acts or negligence of Client; or (iv) the intentional failure of any User to comply with this Agreement, including without limitation the End User License Agreement.



The indemnification obligations set forth above are contingent upon the indemnified party seeking indemnification: (i) providing prompt written notice of a claim; (ii) providing all information and evidence within its control which is necessary for the indemnifying party to conduct a defense; and (iii) providing the indemnifying party with sole control of the defense and all related settlement negotiations. The non-indemnifying party may participate in the defense or settlement of the claim at its own expense.



Entire Agreement This Agreement, including the schedules, constitutes the entire agreement and understanding between the parties concerning the subject matter, and supersedes all prior negotiations, agreements and commitments (whether oral or in writing) with respect to the subject matter.



Conflicts Where there is a conflict between the terms and conditions of this Master Software Licence and Services Agreement and any Schedule, the terms of the Schedule shall govern only to the extent they apply to the particular Website, Software or Services governed by such Schedule.



Amendments Except as otherwise provided for herein, the terms of this Agreement can only be amended by a document in writing signed by both parties. The conditions and pricing for any Website or Software licence or Service provided herein are only valid for the corresponding term, and may be amended by Metrogolfdome.Com prior to renewal.



Assignment and Outsourcing Client may not assign this agreement without the written consent of Metrogolfdome.Com. Client may not disclose or provide any Software, Website or other Metrogolfdome.Com materials to, or require Metrogolfdome.Com to work with, any third party, including any Client outsourcing partner, without: (i) obtaining Metrogolfdome.Com’s express written consent, which consent may be withheld at Metrogolfdome.Com’S sole discretion; and (ii) having such third party agree to be bound by the terms and conditions of this Agreement. If Client breaches this Agreement by allowing any such third party to deal with any Metrogolfdome.Com provided materials without the written consent of Metrogolfdome.Com or by insisting that Metrogolfdome.Com deal with the third party, Metrogolfdome.Com may terminate this Agreement in addition to any other remedies, which may be available to Metrogolfdome.Com in law or equity.



Support. Metrogolfdome.Com will accept requests for technical support with registration and acceptance on the www.Metrogolfdome.Com system access Website. Additional contact information is available on the www.Metrogolfdome.Com website. Survival If any term, clause or provision of this Agreement shall be judged invalid for any reason whatsoever, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to have been deleted, from this Agreement.



Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Licensee hereby consents and attorns to the jurisdiction of the courts of such province. Marketing and Public Relations Client agrees that during the term of this Agreement, Metrogolfdome.Com may, in response to individual inquiries or in a press release, refer to Client, orally and in writing, as a client.



Language Client and Metrogolfdome.Com both agree that this Agreement and any of its accessories, including notice, be written in the English language. Client et Metrogolfdome.Com avons exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.



The Website and related software are copyright © Metrogolfdome.Com 2008, all rights reserved. No copying or distribution without prior written consent. This website, and the software and documentation contained herein are subject to the copyright and intellectual property laws under the laws of Canada and, through international treaties, the laws of other countries. Reproduction of any part of this website package or its contents without the express prior written authorization of Metrogolfdome.Com may result in civil or criminal prosecution.



Use of the website, software, graphics, documentation, photos, user interfaces, text, logos, artwork and designs contained herein (the “Software” and the “Website”) is subject to the terms and conditions of the terms of use and subsequently a registration agreement and end user license agreement or EULA, which must be adhered during use, including provisions which limit Metrogolfdome.Com liability and disclaim express or implied warrantees of any kind. “Metrogolfdome.Com”, the “Metrogolfdome.Com GOLF DESIGN” and the names of individual programs contained herein are the trade marks of Metrogolfdome.Com or its licensors and may not be used without prior written consent.