Terms of Use

The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor ("Murmax Media") reserves all rights not expressly granted to You. The Product that is subject to this license is the "Murmax Media Product Offering" referred to in this license agreement as the "Licensed Application."

1. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any Android, iOS, Blackberry, HP webOS, Symbian OS, Bada (from Samsung) and Windows Mobile operating systems or any other smartphone or GPS enabled device that You own or control. This license does not allow You to use the Licensed Application on any Android, iOS, Blackberry, HP webOS, Symbian OS, Bada (from Samsung) and Windows Mobile operating systems or any other smartphone or GPS enabled device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Murmax Media and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Murmax Media that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Consent to Use of Data: You agree that Murmax Media may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Murmax Media may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

3. Termination. The license is effective until terminated by You or Murmax Media. Your rights under this license will terminate automatically without notice from the Murmax Media if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy and delete from your smartphone device all copies, full or partial, of the Licensed Application.

4. Services; Third Party Materials. The Licensed Application may enable access to Murmax Meida and other third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.

You understand that by using any of the Services. You agree to use the Services at Your sole risk and that Murmax Media. shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable or any damage caused to the device from which you access the Services.

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Murmax Media is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Murmax Media does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

You agree that all Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Murmax Media is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Android, iOS, Blackberry, HP webOS, Symbian OS, Bada (from Samsung) and Windows Mobile operating systems or any other smartphone or GPS enabled device are not available in all languages or in all countries. Murmax Media makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Murmax Media, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Murmax Media be liable for the removal of or disabling of access to any such Services. Murmax Media may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

5. No warranty: You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application ("services") are provided "as is" and "as available", with all faults and without warranty of any kind, and Murmax Media. hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Murmax Media does not warrant that the functions contained in, or services performed or provided by, the Licensed Application will meet your requirements, that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application or services will be corrected. No oral or written information or advice given by Murmax Media or its authorized representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.

6. Limitation of liability. To the extent not prohibited by law, in no event shall Murmax Media be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Murmax Media has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Murmax Media total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

7. You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of the jurisdiction in which the Licensed Application was obtained. You also agree that you will not use these products for any purposes prohibited by the laws in the jurisdiction in which the Licensed Application was obtained.

8. The Licensed Application and related documentation are "Commercial Items", consisting of: 8.1 "Commercial Computer Software" described as Computer software, or Software, and is defined as any set of machine-readable instructions (most often in the form of a computer program) that directs a computer’s processor to perform specific operations. It can refer to all computer instructions in general or to any specific set of computer instructions. It is inclusive of both machine instructions (the binary code that the processor understands) and source code (more human-understandable instructions that must be rendered into machine code by compilers or interpreters before being executed).

8.2 "Commercial Computer Software Documentation" as defined by US Federal Acquisition Regulation 12.212 and

8.3 Applications (APPS), defined as a software application that runs in a smartphone or mobile device including but not limited to the following operating systems, Android, iOS, Blackberry, HP webOS, Symbian OS, Bada (from Samsung) and Windows Mobile all of which support typical application binaries as found on personal computers with code which executes in the native machine format of the processor.

9. The laws of Province of Ontario, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

Privacy Policy

Murmax Media respects the privacy of its online visitors and users of its products and services. Murmax Media recognizes the importance of protecting information collected from users and has adopted this privacy policy to inform users about how Murmax Media gathers, stores, and uses information derived from their use of Murmax Media products, services and online sites.

This policy is current as of its last revision date. However, please note that this policy may be amended from time to time to reflect changes and additions to the privacy policy. Please check back for the most current version before relying on any of the provisions in this privacy policy.

Collection of Information

By using Murmax Media online sites, products, and services, users agree that Murmax Media may collect personally identifiable information (as defined below). Murmax Media will not share personally identifiable information with other parties except as described in this policy. Murmax Media may also collect aggregate information and individual information. "Aggregate information" is information that describes the habits, usage patterns, and demographics of users as a group but does not describe or reveal the identity of any particular user. "Individual information" is information about a user or user’s machine that is presented in a form distinguishable from information relating to other users, in a form that personally identifies any user or enables the recipient to communicate directly with the user. Murmax Media may not share aggregate and individual information with other parties without express permission of the users or unless required by law to do so.

Personally Identifiable Information

"Personally identifiable information" is information that can be used to uniquely identify a user, such as name, address, email address or telephone number. You may be asked to provide personally identifiable information in connection with the use of Murmax Media’s products, services and online sites. While Murmax Media collects personally identifiable information on a voluntary basis, for certain products and services Murmax Media’s collection of personally identifiable information may be a requirement for access to the product or service or to process a user’s order.

Use of Personally Identifiable Information

Personally identifiable information is used internally by Murmax Media to develop, deliver and improve our products, content and services. In addition, Murmax Media may allow third parties performing services under contract with Murmax Media, such as order or payment processors or merchandise warehouse and fulfillment services, to access and use personally identifiable information, but only to the extent necessary to provide those services.

Murmax Media may use personally identifiable information in order to provide the Federal and/or Provincial and/or Government Regulatory departments with personally identifiable information for use in a disease outbreak emergency.

Murmax Media will not share personally identifiable information with third parties for marketing purposes. Murmax Media may use personally identifying information provided by users to send information about Murmax Media, including news about product updates, contests, events, and other promotional materials, but only if the users agree to receive such communications.

Murmax Media may release personally identifiable information to comply with court orders or laws that require Murmax Media to disclose such information but only within the constraints of the Privacy Legislation in existence in the jurisdiction requiring such information. In the event of a reorganization, sale or merger we may transfer personally identifiable information to the relevant third party/purchaser.

Children Under The Age of 13

Murmax Media will not knowingly collect personally identifiable information from any person age 12 and under. Murmax Media encourages parents to instruct their children to never give out personal information when online. Parents who are concerned about the transfer of personal information from their children may contact us.

Cookies and Other Information on a User’s Machine

Murmax Media’s products, services and sites may employ cookies and other technologies such as web beacons and pixel tags. Cookies are bits of electronic information that can be transferred to a user’s hard drive to customize a person’s use of a product or online site, keep records of a user’s access to an online site or product, or store information needed by the user on a regular basis. Use of cookies is typically associated with websites.

Murmax Media also stores information on a user’s mobile device that is used in conjunction with use of Murmax Media’s products and services.

Chat Forums, Etc.

Murmax Media’s products or services may provide chat, forums, bulletin boards, or instant messaging tools to users. Any information that is disclosed in chat, forums or bulletin boards should be considered public information, and users who message one another may not know each other personally. Murmax Media has no obligation to keep private personally identifiable information that a user makes available to other users or the public using these functions. Users should exercise caution when deciding to disclose personal information in public forums.

Choice/Opt-out

Murmax Media gives users the option to receive promotional email communications from Murmax Media. Users may opt out of these communications. Instructions for discontinuing receipt of promotional email communications from Murmax Media will be provided in email communications to users.

Storage and Security of Personally Identifiable Information

Personally identifiable information provided to Murmax Media will be collected, processed and stored by Murmax Media in the jurisdiction under which it is collected. For example, Canadian data will be collected, processed and stored within Canada. Murmax Media has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information.

Murmax Media complies with the Safe Harbor framework developed by the U.S. Department of Commerce and the European Union relating to the transfer and processing of personally identifiable information. For more information about the Safe Harbor program or to view Murmax Media’s certification visit http://export.gov/safeharbor/eu/eg_main_018476.asp.

Corrections, Updates and Removal of Personally Identifiable Information

If you are concerned about the accuracy of personally identifiable information maintained by Murmax Media or wish to review, access, amend or correct it, or would like your personally identifiable information removed from Murmax Media’s records or otherwise deactivated, please contact us at support@reken.hosts.cx. We may decline requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or are extremely impractical.

Contacting Murmax Media

If you have any questions or complaints about this privacy policy, or the privacy practices of Murmax Media, please contact us at support@murmaxmedia.ca.