WebFeat Multimedia Inc., (“WebFeat”) maintains the
Website (the “Website”) for your personal, information,
education, and communication. Your access to and use of the Website
is subject to the following terms and conditions ("Terms
and Conditions") and to the laws of the Province in which
you reside and the federal laws of Canada applicable therein.
BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION
OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE
YOUR USE OF THE WEBSITE.
- PERSONAL AND NON-COMMERCIAL USE LIMITATION You may not distribute,
modify, copy, transmit, publish, re-use, or re-post, the content
of the Website for public or commercial purposes, including
the text, images, audio, and video without WebFeat’s
express written permission.
- MODIFICATION OF THESE TERMS AND CONDITIONS OF USE WebFeat
may at any time revise these Terms and Conditions by posting
the amended terms on the Website, which posting shall constitute
notice to you. You are bound by any such revisions and should
therefore periodically visit this page to review the then current
Terms and Conditions to which you are bound.
- TRADEMARK AND COPYRIGHT INFORMATION You should assume that
everything you see or read on the Website is copyrighted unless
otherwise noted, and may not be used except as provided in
these Terms and Conditions without the prior written permission
of WebFeat. WebFeat neither warrants nor represents that your
use of materials displayed on the Website will not infringe
the rights of third parties who are not owned by or affiliated
with WebFeat.
Images of people or places displayed on the Website are either
the property of, or used with the permission of WebFeat. The
use of these images by you, or anyone else authorized by you,
is prohibited unless specifically permitted by these Terms
and Conditions or specific permission provided elsewhere on
the Website. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Website are registered and unregistered Trademarks
of WebFeat and others. Nothing contained on the Website should
be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the
Website without the written permission of WebFeat or such third
party that may own the Trademarks displayed on the Website.
Your misuse of the Trademarks displayed on the Website, or
any other content on the Website, except as provided in these
Terms and Conditions, is strictly prohibited. You are also
advised that WebFeat will aggressively enforce its intellectual
property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
- USER PROVIDED CONTENT While we are always happy to hear from
you, it is WebFeat’s policy not to accept or consider creative
materials, ideas, or suggestions other than those we specifically
request. This is to avoid any misunderstandings if your ideas
are similar to those we have developed independently. Therefore
we must request that you do not send to us any original creative
materials such as screenplays, stories, original artwork, etc.
Any communication or material you do transmit to the Website
by electronic mail or otherwise will be treated as non-confidential
and non-proprietary. Anything you transmit or post may be used
by WebFeat or its affiliates for any purpose, including, but
not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, WebFeat is free to use
any ideas, concepts, know-how, or techniques contained in any
communication you send to the Website for any purpose whatsoever
including, but not limited to, developing, manufacturing and
marketing products using such information.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
A) Disclaimer of Warranties: YOUR USE OF
AND BROWSING IN THE SITE IS AT YOUR RISK. THE WEBSITE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,
AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Any material, data, text, images, video, and/or audio uploaded,
downloaded or otherwise obtained through the use of the Website
is done at your own discretion and risk. WebFeat does not
warrant or guarantee that such materials are free of viruses
or other destructive code that may damage or infect your
computer equipment or other property. You will be solely
responsible for any damage to your computer system or loss
of data that results from such uploading and/or downloading.
While WebFeat uses reasonable efforts to include accurate
and up to date information on the Website, WebFeat makes
no warranties or representations as to its accuracy. The
information on the Website is for information purposes only,
and should not be relied upon as accurate, timely or fit
for any particular purpose.
B) Limitations of Liability: NEITHER WEBFEAT
NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, PUNITIVE, OR ANY DAMAGES WHATSOEVER ARISING OUT
OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF WEBFEAT HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN ADDITION TO THE FOREGOING, WEBFEAT’S LIABILITY FOR DAMAGES
ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH
THE WEBSITE, THE RELATIONSHIP OF THE PARTIES, OR THE PROVISION
OR NON-PROVISION OF GOODS OR SERVICES, (WHETHER IN CONTRACT,
TORT, OR OTHERWISE) SHALL IN NO EVENT EXCEED THE GREATER
OF (I) $100(CDN) OR (II) THE AMOUNT PAID BY YOU TO WEBFEAT
FOR A PRODUCT OR SERVICE PURCHASED VIA THE WEBSITE. YOU ACKNOWLEDGE
THAT WITHOUT YOUR AGREEMENT TO THE LIMITATIONS CONTAINED
HEREIN, THE FEES CHARGED FOR PRODUCTS OR SERVICES (OR SIMPLY
BEING ABLE TO VIEW THE WEBSITES) WOULD BE HIGHER.
WEBFEAT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS
OR OMISSIONS IN THE CONTENT OF THE SITE.
ALTHOUGH WEBFEAT MAY FROM TIME TO TIME MONITOR OR REVIEW
DISCUSSIONS, CHATS, POSTINGS, TRANSMISSIONS, BULLETIN BOARDS,
AND THE LIKE ON THE WEBSITE, WEBFEAT IS UNDER NO OBLIGATION
TO DO SO AND ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING
FROM THE CONTENT OF ANY SUCH LOCATIONS NOR FOR ANY ERROR,
DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY,
PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN
ANY INFORMATION WITHIN SUCH LOCATIONS ON THE WEBSITE.
- INDEMNIFICATION You agree to indemnify, defend and hold WebFeat
and its affiliates, and their respective officers, directors,
owners, agents, information providers and licensors (collectively,
the "Indemnified Parties") harmless from and against any and
all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any Indemnified Party in connection
with any breach by you of these Terms and Conditions. WebFeat
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with WebFeat's
defense of such claim.
- UNLAWFUL OR PROHIBITED USE As a condition of your use of
the Website, you warrant to WebFeat that you will not use the
Website for any purpose that is unlawful or prohibited by these
Terms and Conditions.
You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could
constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise
violate any law. WebFeat will fully cooperate with any law
enforcement authorities or court order requesting or directing
WebFeat to disclose the identity of anyone posting any such
information or materials.
- TERMINATION If you breach any provision of these Terms and
Conditions, you may no longer use the Website.
WebFeat may at any time and for any reason, with or without
cause, and in its sole discretion, immediately suspend or
terminate (in whole or in part) your access to all or part
of the Website, all without notice or liability to you or
any other person. Any suspected fraudulent, abusive or illegal
activity may be grounds for terminating this relationship
and such activity may be referred to appropriate law enforcement
authorities.
Should you object to the Terms and Conditions or any subsequent
modifications thereto or become dissatisfied with the Website
in any way, your sole and exclusive remedy is to discontinue
using the Website.
WebFeat shall not be liable to you or any third party for
any claims or damages arising out of any termination or suspension.
- LINKS TO OTHER SITES WebFeat has not reviewed all of the
sites linked to the Website and is not responsible for the
content of any off-site pages or any other sites linked to
the Website. Your linking to any other off-site pages or other
sites is at your own risk.
- APPLICABLE LAW AND GOVERNING LAW This is the entire agreement
between the parties. This agreement shall be governed by, construed
and enforced in accordance with the laws of the Province in
which you reside and the federal laws of Canada applicable
therein. Any action you, any third party or WebFeat brings
to enforce this agreement, or in connection with any matters
related to this Website shall be brought only in either the
provincial or Federal Courts located in the Province in which
you reside, and you expressly consent to the non-exclusive
jurisdiction of said courts.
- SEVERABILITY If any provision of this agreement shall be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining
provisions.
©2008 WebFeat Multimedia Inc., All Rights
Reserved. Do not duplicate or redistribute in any form.
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