Terms And Conditions

Terms and conditions of use

  1. Introduction

1.1    These terms and conditions shall govern your use of GalaxyMobile.

1.2    By using GalaxyMobile, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use GalaxyMobile.

1.3    GalaxyMobile uses cookies; by using GalaxyMobile or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy which can be found at: https://www.galaxymobile.com/privacy-center/privacy-policy/ and https://www.galaxymobile.com/privacy-center/cookie-policy/

  1. Copyright notice

2.1    Copyright © 2012 – GalaxyMobile.

2.2    Subject to the express provisions of these terms and conditions:

(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;

(c)    print pages from GalaxyMobile;

(d)    stream audio and video files from GalaxyMobile; and

(e)    use GalaxyMobile services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, 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    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on GalaxyMobile.

3.5    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.

3.6    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).

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

5.3    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. Your content: licence

6.1    In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or GalaxyMobile for storage or publication on, processing by, or transmission via, GalaxyMobile.

6.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

6.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

6.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

6.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.6    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

7.1    You warrant and represent that your content will comply with these terms and conditions.

7.2    Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

7.4    Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

7.5    You must not use GalaxyMobile to link to any website or web page consisting of or containing material that would, were it posted on GalaxyMobile, breach the provisions of these terms and conditions.

7.6    You must not submit to GalaxyMobile any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

  1. Report abuse

8.1    If you learn of any unlawful material or activity on GalaxyMobile, or any material or activity that breaches these terms and conditions, please let us know.

8.2    You can let us know about any such material or activity by email or using our contact form. [email protected]

  1. Limited warranties

9.1    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.

9.2    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 these terms and conditions, 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.

9.3    To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, GalaxyMobile and the use of GalaxyMobile.

  1. Limitations and exclusions of liability

10.1  Nothing in these terms and conditions 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.

10.2  The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)    are subject to Section 10.1; and

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

10.3  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.

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

10.5  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.

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

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

10.8  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 these terms and conditions (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. Indemnity

11.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of GalaxyMobile or any breach by you of any provision of these terms and conditions.

  1. Breaches of these terms and conditions

12.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to GalaxyMobile;

(c)    permanently prohibit you from accessing GalaxyMobile;

(d)    block computers using your IP address from accessing GalaxyMobile;

(e)    contact any or all of your internet service providers and request that they block your access to GalaxyMobile;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on GalaxyMobile.

  1. Third party websites

13.1  GalaxyMobile may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

13.2  We have no control over third party websites and their contents, and subject to Section 9.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

14.1  Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

14.2  The third party registered and unregistered trade marks or service marks on GalaxyMobile are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  1. Variation

15.1  We may revise these terms and conditions from time to time.

15.2  The revised terms and conditions shall apply to the use of GalaxyMobile from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of GalaxyMobile from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using GalaxyMobile.

15.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

16.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

16.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions 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. Third party rights

18.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

19.1  Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of GalaxyMobile and shall supersede all previous agreements between you and us in relation to your use of GalaxyMobile.

  1. Law and jurisdiction

20.1  These terms and conditions shall be governed by and construed in accordance with Canadian law.

20.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Canada.

  1. Our details

21.1  This website is owned and operated by GalaxyMobile.

21.2  We are incorporated in Canada

21.3  Our principal place of business is Montreal, Canada.

21.4  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

22.1  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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