Date of Last Revision: September 23, 2010
Burstn Inc. ("Burstn", “us” or "we") owns and operates the Burstn.com web site (the "Site"), which is a content hosting and sharing service that allows Users (as defined below) to store images and share them across the internet and create unique personal profiles online. The services offered by Burstn include the Site, content (including, without limitation, images and text captions) hosting and sharing on the Site and third party sites, applications and services, content editors, links to partner providers, Burstn APIs, and any other features, content, mobile services, Burstn branded URLs or applications offered from time to time by Burstn in connection with Burstn’s business (collectively, the "Burstn Services"). The Burstn Services are hosted in Canada.
This Agreement includes Burstn's policy for acceptable use of the Burstn Services and Content (as defined in Section 6 below) posted on or through the Burstn Services and your rights, obligations and restrictions regarding your use of the Burstn Services and Content posted on or through the Burstn Services. In order to participate in certain Burstn Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Burstn. Unless otherwise provided by the additional terms and conditions applicable to the Burstn Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may request to receive a copy of this Agreement by emailing us at: Customercare@burstn.com.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF OUR SERVICE AFTER BURSTN POSTS A REVISED AGREEMENT SIGNIFIES YOUR ACCEPTANCE OF THE REVISED AGREEMENT AND ALL SUCH CHANGES THEREON. IT IS THEREFORE IMPORTANT THAT YOU REVIEW THIS AGREEMENT REGULARLY TO ENSURE YOU ARE UPDATED AS TO ANY CHANGES.
Please choose carefully the information you post on or through the Burstn Services and that you make available directly or indirectly to other Users. Your Burstn profile and any Content that you upload to Burstn may not include any form of prohibited Content, as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other Burstn Users (for instance, in their profile or images/videos) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Burstn assumes no responsibility or liability for this material. If you become aware of misuse of the Burstn Services by any person, please email abuse@Burstn.com and include in your email a URL to the material in question.
Burstn reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, or images) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Burstn Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Burstn expressly reserves the right to remove any or all of your images, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the Burstn Services if Burstn determines, in its sole discretion, that you have violated this Agreement or pose a threat to Burstn and/or its Users.
Burstn is concerned about the safety and privacy of all of its Users, especially children. Therefore, children under the age of 13 are not permitted to use the Burstn Services. Use of the Burstn Services and/or registration to be a Member for the Burstn Services ("Membership") is void where prohibited. By using the Burstn Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Burstn Services does not violate any applicable law or regulation.
2. NON-COMMERCIAL USE.
Our Site and the Burstn Services are for your personal use only and may not be used in connection with any commercial endeavors. Burstn reserves the right to remove unauthorized commercial content in its sole discretion. Illegal and/or unauthorized use of the Burstn Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or Member profiles without notice or explanation and may result in termination of Membership privileges. The Burstn Services make it possible to post content hosted on Burstn to third party web sites. However, pages on other web sites that display content hosted on Burstn must provide a link from each photo or video back to its page on Burstn. Burstn reserves the right to take appropriate legal action, including without limitation, civil, criminal, and injunctive redress, for any illegal or unauthorized use of the Burstn Services.
4. PRICING AND FEES
You may use the Burstn Service at no cost. Members are limited to one free account per person. With a free account, you will have the ability to participate in certain features and services available within the Burstn Service.
5. USERNAME AND PASSWORD
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Further, you agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.
6. USER CONTENT
Proprietary Rights. Burstn does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Burstn Services. By displaying or publishing ("posting") any Content on or through the Burstn Services, you hereby automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free, worldwide right and license to use, reproduce, display, perform, adapt, modify, delete from, add to, publicly perform, publicly display, reproduce and translate, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose, to prepare derivative works of, or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing, except Content marked "private" will not be distributed outside the Burstn Services.
Third Party Copyrights and Other Intellectual Property Rights. Burstn respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Burstn has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Burstn Services in a way that constitutes copyright infringement, please follow the procedures set forth in the Burstn Copyright and Intellectual Property Notice.
Representations and Warranties. You represent and warrant that: (i) you own the Content posted by you on or through the Burstn Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Burstn Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Burstn Services.
Limited License. The Burstn Services contain certain content of Burstn (the “Burstn Content”) which is protected by copyright, trademark, patent, trade secret and other laws, and Burstn owns and retains all rights in the Burstn Content and the Burstn Services. Burstn hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Burstn Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Burstn Services.
Third Party Content. The Burstn Services contain Content of Users and other Burstn licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Burstn Services. Burstn performs technical functions necessary to offer the Burstn Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Burstn Services.
Reclaim Site Addresses and Affiliate Codes. As part of the Burstn Services, Users are provided with site addresses (subdomains). Burstn reserves the right to claim site addresses (subdomains) that have not been updated for a period of 6 months or more. Burstn will notify users by email at least 48 hours before reclaiming an address.
Burstn also reserves the right to add affiliate codes to URLs posted to Burstn sites. Burstn will not remove affiliate codes added by Users.
No Warranty. Although the Site and other Burstn Services are normally available, there will be occasions when the Site or other Burstn Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Burstn. YOU AGREE THAT OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Also, although Burstn will normally only delete Content that violates this Agreement, Burstn reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Burstn in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Burstn encourages you to maintain your own backup of your Content. In other words, Burstn is not a backup service. Burstn will not be liable to you for any modification, suspension, or discontinuation of the Burstn Services, or the loss of any Content.
7. USER CONTENT
Ownership. By submitting any content to our Site, you represent and warrant to us that you are the exclusive author of the Content and use of the Content by us will not infringe or violate the rights of any third party. You are solely responsible for the Content that you post on or through any of the Burstn Services, and any material or information that you transmit to other Users and for your interactions with other Users. You waive absolutely any and all moral rights to be identified as the author of the Content, including your photograph, and any similar rights in any jurisdiction in the world.
Rejection. Burstn may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Burstn violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Burstn assumes no responsibility for monitoring the Burstn Services for inappropriate Content or conduct. However, on both free and Paid Member accounts, and regardless of whether the Content is public or private, Burstn may choose to monitor such Content at any time, in its sole discretion. If at any time Burstn chooses to monitor the Burstn Services, Burstn nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Content/Activity Prohibited. You must use the Burstn Services in a manner consistent with any and all applicable laws and regulations. You are solely responsible for any Content that you submit, post or transmit via our Service. We have no obligation to post any content that you or anyone else submits. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
The foregoing is a partial list of the kind of content that is illegal or prohibited to post on or through the Burstn Services. Burstn reserves the right to investigate and take appropriate legal action against anyone who, in Burstn's sole discretion, violates this provision, including without limitation, removing the offending Content from the Burstn Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Burstn:
* is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* exploits people in a sexual or violent manner;
* contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
* solicits personal information from anyone under 18;
* publicly posts information that poses or creates a privacy or security risk to any person;
* constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
* involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
* contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
* furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users;
* involves commercial activities, including contests, sweepstakes, barter, advertising, or pyramid schemes;
* includes a photograph or video of another person that you have posted without that person's consent; or
* violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the Burstn Services. Burstn reserves the right to investigate and take appropriate legal action against anyone who, in Burstn's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
* criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid schemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
* advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Burstn Services. You may not transmit any chain letters or junk email to other Users;
* circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Burstn Services;
* forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Burstn Services to send altered, deceptive, or false source-identifying information;
* activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or
* otherwise permit the unauthorized use of or access to a computer or a computer network;
* interfering with the access of any User, host or network to the Site;
* covering or obscuring the banner advertisements on your personal profile page, or any Burstn page via HTML/CSS or any other means;
* including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;
* any automated use of the system, such as, but not limited to, using scripts to send images;
* interfering with, disrupting, or creating an undue burden on the Burstn Services or the networks or services connected to the Burstn Services;
* impersonating or attempting to impersonate another User, person or entity;
* using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
* selling or otherwise transferring your profile;
* using any information obtained from the Burstn Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
* displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Burstn Services on behalf of that person or deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
* using any meta tags or other hidden text or metadata utilizing a Burstn name, trademark, URL or product name without Burstn's express written consent;
* attempting to probe, scan or test the vulnerability of any Burstn Service or breach any security or authentication measures;
* collecting or store personal data about other users without their express permission;
* impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or
* using the Burstn Services in a manner inconsistent with any and all applicable laws and regulations.
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE BURSTN SERVICE, WHETHER CAUSED BY USERS
OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE BURSTN SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. LIMITS ON LIABILITY
A. YOU AGREE THAT BURSTN WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROIT DMAAGES ARISIGN FROM YOUR USE OF THE BURSTN SERVICES), EVEN IF BURSTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO BURSTN FOR THE BURSTN SERVICES DURING THE TERM OF MEMBERSHIP, OR (II) THE SUM OF ONE HUNDRED ($100) DOLLARS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.
E. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold Burstn, and its subsidiaries, parents, affiliates, and each of its
respective directors, officers, managers, members, partners agents and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against Burstn arising out of your use of the Burstn Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify us, Burstn will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
11. TERM AND TERMINATION
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Burstn Services. You may terminate your Membership at any time, for any reason, by following the instructions on the account options page. BURSTN MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME, WITHOUT WARNING FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE OR EXPLANATION, AND WITHOUT LIABILITY. Even after Membership and/or your use of the Burstn Services is terminated, this Agreement will remain in effect in its entirety.
You agree that any termination of your access to our Burstn Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Burstn Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Burstn Service.
12. MEMBER DISPUTES
You are solely responsible for your interactions with other Members. Burstn reserves the right, but has no obligation, to monitor, resolve or arbitrate disputes between you and other Members.
The Burstn Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 reliance upon, any such content, goods or services available on or through any such site or resource.
14. U.S. EXPORT CONTROLS
Software available in connection with the Burstn Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Burstn Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario without reference to conflict of law principles and each party shall attorn to the courts in the City of Toronto, Province of Ontario, Canada for any such dispute. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.