You understand that: (i) aspects of this Website and the Services may not be available in all jurisdictions; and (ii) you are responsible for ensuring that it is lawful for you to access and use this Website and Services in your jurisdiction.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.
You acknowledge and agree that access to and use of this Website and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
In order to access and use certain Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”). During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password. Your information may be used by us:
- to verify your eligibility to create and to maintain your Account;
- to ensure that your Account, including your username, is unique;
- to enable us to provide certain security and privacy safeguards;
- to deal with security, debugging and technical support issues;
- for billing and payment-related issues;
- to protect ourselves and others from abuse; and
- to comply with law.
We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
You must not choose a username that infringes the rights of any third party, impersonates any Petro Ninja employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer your Account to any other person, or permit anyone to use same.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
4. PETRO NINJA SOLUTION
The Services include the limited use the Petro Ninja's proprietary data and mapping web application (the "Petro Ninja Solution"). Subject to the terms and conditions of this Agreement, Petro Ninja hereby grants you a non-exclusive, revocable, non-assignable, personal license to use the portions of the Petro Ninja Solution that are made available to you on the Website for your internal business operations. Unless you enter into a separate "software as a service" agreement ("SaaS Agreement"), we will allow you to upload up to a maximum of ten (10) of your photographs and/or forms onto the Petro Ninja Solution (the "User Content") for the limited purposes of: (i) viewing such information through the Petro Ninja Solution; and (ii) potentially sharing such information with specified users of the Petro Ninja Solution. Additional Services are available on paid-subscription basis, subject to your entering into our SaaS Agreement (https://www.petroninja.com/saas) and our acceptance of an order form submitted by you (either through the Website or through such other means as we may determine from time to time).
As between the parties, Petro Ninja shall exclusively own all right, title and interest in and to the Website and the Services (including, without limitation, the Petro Ninja Solution) and all copies, portions, improvements, and derivative works thereof (by whomever produced) and all copyright rights, patent rights, trademark rights, trade secret rights and all other intellectual property and proprietary rights therein anywhere in the world related thereto.
The Petro Ninja Solution relies upon data obtained from third party sources ("Third Party Data"), including government agencies. You are hereby notified that certain element of the Third Party Data may be obtained directly from such government agencies (e.g. Alberta Energy Regulator). Without limiting the generality of the disclaimer at Section 13, Petro Ninja makes no representations or warranties that the Third Party Data is accurate, current, complete, or will be updated by the on a periodic basis. Accordingly, under no circumstances should you rely on the Petro Ninja Solution in making any commercial, financial or other decisions. Further, the Third Party Data may contain information licensed under and subject to the Open Government License – British Columbia [https://www.bcogc.ca/online-services].
Contains information licensed under the Open Government License – British Columbia.
You shall not: (i) upload to, or transmit from, the Website any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or content; (ii) reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Website or the Services, or third party use of the Website, or any third party data contained therein; (iii) access the source code of the Website or Service or do anything that will reveal or generate same; (iv) access or use the Website or the Services in order to build a competitive product or service or copy any ideas, features, or functions of the Website or the Services; (v) attempt to gain unauthorized access to the Website or its related systems or networks or any third party systems or networks; (vii) create derivatives or modify the Website or the Services; (vii) sublicense, lend or lease the Website or the Services, or otherwise make the Website or the Services available, to any third party; (viii) permit the Website or the Services to be subject to any timesharing, service bureau, subscription service or rental activities; (ix) grant or purport to grant any third party any license or other right, title, security or other interest, lien or option in or to the Website or the Services; (x) use the Website or the Services for any unlawful or illegal activity; or (xi) authorize, permit, or encourage any third party to do any of the foregoing.
6. CODE OF CONDUCT
We may, without notice, temporarily suspend your access to the Website and/or the Services by deactivating any passwords and/or Internet links to the Services if we reasonably suspect that you or any other party are obtaining unauthorized access to the Website, the Services, or any of our other systems, networks, documentation or information, or are using otherwise valid passwords (for the Services) in any other unauthorized manner. These suspensions will be for such periods of time as we, at our sole discretion, may reasonably determine is necessary to permit the thorough investigation of such suspended activity. Notwithstanding any other provision in this Agreement, we may terminate this Agreement, or any portion of the permissions granted herein, immediately, without notice, if it is determined that you have: (i) undertaken any unauthorized activity as described in Section 5 or 6; or (ii) failed to comply with any applicable laws.
While using this Website or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.
You agree that you will not upload or transmit any User Content that:.
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- is patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- contains nudity, violence, or offensive subject matter or contain a link to an adult website
- solicits any personal information from anyone under eighteen (18) years of age;
- provides any telephone numbers, street addresses, last names, URLs or email addresses to anyone (without sufficient consent);
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes any illegal or unauthorized copy of another person's copyrighted work;
- contains restricted or password only access pages or hidden pages or images;
- furthers or promotes any criminal activity or enterprise or provide instructional information about illegal activities; or
- includes a photograph or image of another person that you have posted without that person's consent.
You will be exclusively responsible for securing and backing-up the User Content or any other content that you upload onto the Website. You agree that Petro Ninja shall not be responsible or liable for the deletion, loss, or failure to store any such data and other communications maintained or transmitted through use of the Services.
While we endeavour to keep downtime to a minimum, we can't promise that this Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.
9. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Website and the Services and that you shall be solely responsible for all charges and fee related thereto.
10. CURRENCY OF WEBSITE
11. LINKED WEBSITES
This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Petro Ninja monitors or endorses these websites. Petro Ninja does not accept any responsibility for such websites. Petro Ninja shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
12. INTERNET SOFTWARE OR COMPUTER VIRUSES
Petro Ninja shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or the Services or other content from this Website. Petro Ninja recommends that you install appropriate anti-virus or other protective software.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” AND "WITH ALL FAULTS" BASIS WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PETRO NINJA DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE WEBSITE OR THE SERVICES WILL: (I) BE UNINTERRUPTED OR ERROR-FREE; (II) MEET YOUR NEEDS; OR (III) FUNCTION WITH, AND NOT DAMAGE, ANY OTHER SOFTWARE OR HARDWARE OR OPERATE WITHOUT INTERRUPTION.
NO INFORMATION PROVIDED BY ANY REPRESENTATIVE OF PETRO NINJA SHALL CREATE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND WHATSOEVER BY PETRO NINJA OR OTHERWISE MODIFY THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND/OR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETRO NINJA WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE SERVICES. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE INTENDED TO BE USED BY TRAINED PERSONNEL AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT.
14. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. TERM & TERMINATION
You may terminate this Agreement upon thirty (30) days' notice to Petro Ninja.
Any notices to Petro Ninja under this Agreement shall be sent by email to firstname.lastname@example.org. Petro Ninja may send you notices via the Website or to any email address you may have registered with Petro Ninja in connection with the Services. Each notice shall be deemed given and effective one (1) day after it is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the email address is invalid or the transmission was not successful.
18. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback ("Comments") to Petro Ninja at the e-mail addresses provided in this Website or the Services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Petro Ninja is not liable for any damages related to communications to or from this Website or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Petro Ninja has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Petro Ninja may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful and do not violate the legal rights of others.
19.2 Force Majeure. Except for each party’s obligations to pay money, neither party shall be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, earthquakes, wars, terrorism, communication failures, strikes or shortages of materials.
19.3 Third-party Services. The Services may present links to third-party web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or services.
19.4 Interpretation. You represent that you have read and fully understand this Agreement. No provision shall be construed against a party by reason of the fact that such party or its legal counsel drafted that provision, notwithstanding any rule of law or any legal decision to the contrary. For purposes of interpreting this Agreement, headings contained herein are for convenience of reference only and shall not affect the interpretation of this Agreement and, whenever the context requires, the singular number will include the plural, and vice versa. Nothing in this Agreement shall restrict the right of Petro Ninja to engage in any business or provide any software, services, or other products to any third parties on any terms.