Terms of Service

1. Description of Service

Novix Technology Inc. is a web and applications service (the “Service”). The Applications are owned and operated by Novix Technology Inc. You may use the services, content, technologies and Application on the condition that you comply with the following terms and conditions (the “Site Terms”) governing your use of the Application. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Novix Technology Inc. disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Novix Technology Inc. also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
Novix Technology Inc. reserves the right to refuse service to anyone at any time without notice for any reason.

2. Proper Use

You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. 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 and all Canada export control laws.

Novix Technology Inc. may, in its sole discretion, modify or revise the Novix Technology Inc. Terms of Service or Privacy Policy at any time, and you agree to be bound by such modifications or revisions. It is your obligation to periodically review these documents.
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. Novix Technology Inc. reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

Much of the content of novix.ca — including the contents of specific postings — is provided by and is the responsibility of the person or people who made such postings. Novix Technology Inc. does not monitor the content of novix.ca, and takes no responsibility for such content. Instead, Novix Technology Inc. merely provides access to such content as a service to you.
Offensive, harmful, inaccurate or otherwise inappropriate material is forbidden on Novix Technology Inc. However, Novix Technology Inc. may at times carry this type of material or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using novix.ca.
Novix Technology Inc. does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

3. Privacy

As a condition of using the Service, you agree to the terms of the Novix Technology Inc. Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Novix Technology Inc. may access or disclose your personal information, including the content of your communications, if Novix Technology Inc. is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general Novix Technology Inc. Privacy Policy. Personal information collected by Novix Technology Inc. may be stored and processed in the Canada or any other country in which Novix Technology Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

4. General Practices Regarding Use and Storage

You agree that Novix Technology Inc. has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Novix Technology Inc. retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service

Novix Technology Inc. takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Novix Technology Inc. have any obligation to monitor such third-party content. Novix Technology Inc. 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. Novix Technology Inc. also reserves the right to access, read, preserve, and disclose 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 Novix Technology Inc., its users and the public. Novix Technology Inc. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

6. Intellectual Property Rights

You acknowledge that Novix Technology Inc. owns all right, title and interest in and to the Service, including all intellectual property rights (the “Novix Technology Inc. Rights”). Novix Technology Inc. Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Novix Technology Inc. Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Novix Technology Inc. claims no ownership or control over any Content submitted, posted or displayed by you on or through Novix Technology Inc. services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Novix Technology Inc. services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Novix Technology Inc. services which are intended to be available to the members of the public, you grant Novix Technology Inc. a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Novix Technology Inc. services for the purpose of displaying and distributing Novix Technology Inc. services. Novix Technology Inc. furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

If you believe that any Novix Technology Inc. content, including User Contributions, infringes your intellectual property rights, including copyright, please send notice of the copyright infringement to info@novix.ca.

7. No Resale of the Service

Unless expressly authorized in writing by Novix Technology Inc., you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

8. Representations and Warranties

You represent and warrant that (a) all of the information provided by you to Novix Technology Inc. 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.

9. Termination; Suspension

Novix Technology Inc. may, in its sole discretion, at any time and for any reason, terminate the Service, 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 for some time for back-up purposes. This Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

10. Indemnification

You agree to hold harmless and indemnify Novix Technology Inc., 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.

11. Entire Agreement

This Agreement constitutes the entire agreement between you and Novix Technology Inc. and governs your use of the Service, superseding any prior agreements between you and Novix Technology Inc.. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Novix Technology Inc. services, affiliate services, third-party content or third-party software.

12. Waiver and Severability of Terms

The failure of Novix Technology Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

13. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Novix Technology Inc. services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Choice of Law; Jurisdiction; Forum

These Terms of Service will be governed by and construed in accordance with the laws of the Province of British Columbia, without giving effect to its conflict of laws provisions or your actual Province or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in British Columbia and you consent to the jurisdiction of such courts.

15. Copyright Information

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please contact us immediately using the “Contact Us” section of the website.

16. Your Content

16.1 Content. “Content” means any material, such as audio files, video files, electronic documents, or images, that you upload and import into the Services or Software in connection with your use of the Services.

16.2 Ownership. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to our Applications, you hereby grant the application a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. Please contact us at info@novix.ca if you have any concern about any content.

16.3 Licenses to Your Content in Order to Operate the Services and Software. We require certain licenses from you to your Content in order to operate and enable the Services and Software. When you upload Content to the Services and Software, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content as needed in response to user-driven actions (such as when you choose to privately store or share your Content with others). 

16.4 Sharing Your Content.

Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.

Last Edited on 2019-06-07