1. Introduction

1.1    This disclaimer shall govern your use of GalaxyMobile.

1.2    By using GalaxyMobile, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use GalaxyMobile.

1.3    GalaxyMobile uses cookies; by using GalaxyMobile or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  1. Copyright notice

2.1    Copyright © 2012 – GalaxyMobile.

2.2    Subject to the express provisions of this disclaimer:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in GalaxyMobile and the material on GalaxyMobile; and

(b)    all the copyright and other intellectual property rights in GalaxyMobile and the material on GalaxyMobile are reserved.

  1. Licence to use website

3.1    You may:

(a)    view pages from GalaxyMobile in a web browser;

(b)    download pages from GalaxyMobile for caching in a web browser; and

(c)    print pages from GalaxyMobile,

subject to the other provisions of this disclaimer.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of this disclaimer, you must not download any material from GalaxyMobile or save any such material to your computer.

3.3    You may only use GalaxyMobile for [your own personal and business purposes], and you must not use GalaxyMobile for any other purposes.

3.4    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from GalaxyMobile (including republication on another website);

(b)    sell, rent or sub-license material from GalaxyMobile;

(c)    show any material from GalaxyMobile in public;

(d)    exploit material from GalaxyMobile for a commercial purpose; or

(e)    redistribute material from GalaxyMobile.

3.5    We reserve the right to restrict access to areas of GalaxyMobile, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on GalaxyMobile.

  1. Acceptable use

4.1    You must not:

(a)    use GalaxyMobile in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use GalaxyMobile in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use GalaxyMobile to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to GalaxyMobile without our express written consent;

(e)    access or otherwise interact with GalaxyMobile using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for GalaxyMobile; or

(g)    use data collected from GalaxyMobile for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must not use data collected from GalaxyMobile to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through GalaxyMobile, or in relation to GalaxyMobile, is true, accurate, current, complete and non-misleading.

  1. Limited warranties

5.1    We do not warrant or represent:

(a)    the completeness or accuracy of the information published on GalaxyMobile;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

5.2    We reserve the right to discontinue or alter any or all of GalaxyMobile services, and to stop publishing GalaxyMobile, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

5.3    To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, GalaxyMobile and the use of GalaxyMobile.

  1. Limitations and exclusions of liability

6.1    Nothing in this disclaimer will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

6.2    The limitations and exclusions of liability set out in this Section 6 and elsewhere in this disclaimer:

(a)    are subject to Section 6.1; and

(b)    govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

6.3    To the extent that GalaxyMobile and the information and services on GalaxyMobile are provided, we will not be liable for any loss or damage of any nature.

6.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

6.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Variation

7.1    We may revise this disclaimer from time to time.

7.2    The revised disclaimer shall apply to the use of GalaxyMobile from the time of publication of the revised disclaimer on the website.

  1. Severability

8.1    If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

8.2    If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Law and jurisdiction

9.1    This disclaimer shall be governed by and construed in accordance with Canadian law.

9.2    Any disputes relating to this disclaimer shall be subject to the exclusive OR jurisdiction of the courts of Canada.

  1. Statutory and regulatory disclosures

10.1  We are incorporated in Canada

10.2  We are registered as Groupe Galaxie in Canada and are subject to Canadian rules.

  1. Our details

11.1  This website is owned and operated by GalaxyMobile.

11.2  We are incorporated in Canada

11.3  Our principal place of business is Montreal, Canada.

11.4  You can contact us:

(a)    using GalaxyMobile contact form

(b)    Direct contact to GalaxyMobile 1.888.745.8398

(c)    By mail 1200 McGill College Avenue, Suite 1100, Montreal, Quebec, H3B 4G7, Canada

  1. Privacy Center

12.1   You can find All of Game Life’s legal documents at the Privacy Center using this link: https://www.galaxymobile.com/privacy-center/

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