This MXO2 User Forum (“Forum”) is a free service provided to you by Matrox Electronics, Inc. (“Matrox”) which is subject to the terms and conditions of this Agreement. It may also be subject to other proprietary notices and copyright information found on this website, the terms of which must also be observed and followed.
By submitting or posting any information, comments, opinions, statements, advice, services, offers, data, files, links, ideas, software, images or any other form of content or information (altogether referred to as “Content”) or by visiting the Forum, you acknowledge and agree to the terms and conditions outlined below.
Should an MXO2 registered user (“User”) have an inquiry regarding a technical issue with a Matrox product, or comments of a technical nature that the User wishes to share with Matrox, the inquiry or comments should be posted to the appropriate area of the Forum. The Forum is monitored and moderated (according to section C. Monitoring, below) on a regular basis by Matrox staff, who will respond to the User’s inquiry, provided it is compliant with the terms and conditions of this Agreement. Should the User be in a position to provide assistance to another User, Matrox would welcome and encourage such productive participation.
This Forum is intended to address and discuss technical issues. Any discussions of Matrox policies and procedures, questions and speculation on Matrox decisions and unreleased products, as well as discussions with regards to any repair procedure, is not deemed compliant with the terms and conditions of this Agreement. Posts not related to technical support issues, that are only complaints, or promote inappropriate behaviour (as outlined in section A. Guidelines, below) are not deemed compliant with the terms and conditions of this Agreement.
Matrox reserves the right to remove, at its discretion, any post from the Forum that is not deemed compliant with the terms and conditions of this Agreement.
When submitting or posting Content to the Forum, you agree not to do any of the following:
1. to submit or post to the Forum any Content deemed pornographic or obscene, as determined by Matrox ;
2. to use a name that Matrox, in its sole discretion, deems offensive.
3. to post defamatory statements;
4. to post hateful, racially or ethnically objectionable Content;
5. to post Content which infringes another’s copyright, trademark or tradesecret;
6. to post unsolicited advertising;
7. to harass, threaten or intentionally embarrass another Forum visitor;
8. to impersonate another person;
9. to engage in disruptive activity such as sending multiple messages in an effort to monopolize the Forum;
10.to violate any federal, provincial, municipal, international law or regulation.
11.to encourage conduct that would constitute a criminal or statutory offence.
B. NO LIABILITY FOR CONTENT
1. Matrox is not responsible for Content. Any form of Content expressed or made available to visitors of the Forum are those of the respective author(s) or distributor(s) and not of Matrox. Matrox neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content.
2. Under no circumstances will Matrox be liable for any loss or damage caused by reliance on any Content found in the Forum. It is the responsibility of any Forum visitor to evaluate the accuracy, completeness or usefulness of any Content available through the Forum. Please seek professional advice, as appropriate, regarding the evaluation of any such specific Content.
3. Matrox does not endorse, warrant or guarantee any product or service offered by a third party through the Forum and will not be a party to or in any way monitor any transaction between Forum visitors and providers of Content.
4. Matrox makes no warranty that the Forum will meet your requirements, or that it will be uninterrupted, timely, secure, or error free; nor does Matrox make any warranty as to the results that may be obtained from the use of the Forum or as to the accuracy or reliability of any information obtained through the Forum.
Matrox shall have the right, but not the obligation, to monitor and/or pre-screen the Content of the Forum to determine compliance with this Agreement and any other rules established by Matrox. Matrox shall have the right in its sole discretion to edit, or remove any Content submitted to or posted in the Forum. Without limiting the foregoing, Matrox shall have the right to remove any material that Matrox, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding this right of Matrox, the Content provider shall remain solely responsible for their Content posted to the Forum and you acknowledge and agree that Matrox shall not assume nor have any liability for any action or inaction by Matrox with respect to any conduct, communication or posting in the Forum or any of its Content.
D. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF THE FORUM IS AT YOUR OWN RISK. MATROX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You understand and agree that any Content downloaded or otherwise obtained (“download”) through the use of the Forum is at your own discretion and risk. There are inherent dangers in the use or downloading of Content, and Matrox cautions you to ensure that you completely understand the potential risks before downloading or using any of the Content. You are solely responsible for providing adequate protection and backup of your data, computer system and any other equipment, and Matrox will not be liable for any damages whatsoever in connection with the download or use of such Content.
E. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW, MATROX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE FORUM OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE FORUM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF SOFTWARE OR DATA OR OTHER INTANGIBLE PROPERTIES, EVEN IF MATROX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION E APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DESTRUCTION OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MATROX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER FORUM USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Matrox, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including without limitation, attorneys’ fees, arising out of your use of the FORUM.
G. INTELLECTUAL PROPERTY
1. You agree that you will transmit to and through the Forum only Content that is not subject to any copyright, trade secret or other intellectual property rights of others (“Rights”), or Content in which any holder of such Rights has given you express authorization for distribution through the Forum. The burden of determining that any Content is not protected by copyright or other Rights rests with You. You shall be solely liable for any damages resulting from any infringement of copyrights, or other Rights, or any other harm resulting from uploading, posting or submission of Content to the Forum.
2. By submitting Content to the Forum, you automatically grant, or warrant that the owner of such Content has granted Matrox a royalty-free, perpetual, irrevocable, non-exclusive right and license to make, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such content.
H. PROTECTION OF PASSWORD
In cases where you have allowed any other individual to access the Forum through your password or have negligently made your password publicly available, you recognize that you are fully responsible for: (i) the online conduct of such users; (ii) controlling the users’ access to and use of the Forum; and (iii) the consequences of any misuse.
Matrox reserves the right to terminate the Forum at any time and to alter the nature of this service or the terms of this Agreement at any time, without notice. Please refer to this Agreement from time to time for any updates Matrox may make to this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the Province of Quebec, excluding conflicts of law principles. The courts of the Province of Quebec, District of Montreal, shall have the exclusive jurisdiction over any dispute directly or indirectly relating to this Agreement. The prevailing party in any action arising out of this Agreement shall be entitled to recover all reasonable costs, including attorney’s fees. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.