Terms and Conditions
- By visiting the Website, you accept, without limitation or qualification, all of the terms andÂ conditions as stated in this Agreement. This Website is accessible worldwide to anyone withÂ Internet access. Use of the Website is subject to the terms and conditions of this AgreementÂ and all applicable laws and regulations, including laws and regulations governing copyrightÂ and trademark. Owner reserves the right to change these terms and conditions at any time.Â The changes will appear on this screen, please review this Agreement from time to time soÂ you will be apprised of any changes. Continued use of the Website means you agree to theÂ amendments.
- The Website may permit the submission of videos, photographs or other communicationsÂ submitted by you and other users (â€œUser Submissionsâ€) and the hosting, sharing, andÂ publishing of such User Submissions. You understand that whether or not such UserÂ Submissions are published, Owner does not guarantee any confidentiality with respect toÂ any such submissions. You also understand and agree that Owner may place advertisingÂ on the Website in conjunction with User Submissions.
- You are solely responsible for your own User Submissions and the consequences ofÂ posting or publishing them. For all User Submissions you submit which are intended forÂ public use, you represent and warrant that you own or have the necessary licenses, rights,Â consents, and permissions to use and authorize Owner to use all copyright, trademark,Â trade name, service mark, logos and intellectual property and other proprietary rights,Â including, without limitation, the name and likeness of any person in the User SubmissionÂ (images of minors shall only be included in your User Submission if the parent or legalÂ guardian of such minor has consented in writing), in and to any and all User Submissions toÂ enable inclusion and use of the User Submissions in the manner contemplated by theÂ Website and these Terms and Conditions. For User Submissions you submit, you furtherÂ agree that you will not submit material that is unlawful, obscene, defamatory, libelous,Â threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encouragesÂ conduct that would be considered a criminal offence, give rise to civil liability, violate anyÂ law, or is otherwise inappropriate.
- You retain all of your ownership rights in your User Submissions. However, by submittingÂ the User Submissions to the Website for public use, you hereby grant Owner a worldwide,Â non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepareÂ derivative works of, display, and perform the User Submissions in connection with theÂ Website and Ownerâ€™s business, including, without limitation, for promotion and redistributionÂ of part or all of the Website (and derivative works thereof) in any media formats and throughÂ any media channels. You further grant Owner the non-exclusive, irrevocable andÂ unconditional right to describe, relate, publish and/or exploit the User Submissions in anyÂ manner, whether in whole or in part, in any other media, print or electronic, and in relatedÂ products and services in connection with any exploitation thereof, including but not limited toÂ merchandise, clothing, bumper stickers, mugs, toys, posters, books and other printedÂ material and any related promotion and advertising of such items from time to time.
- To the extent permissible under applicable law, you hereby waive any and all moral rightsÂ that you may have in connection with your User Submissions, in Canada and elsewhere.Â You hereby authorize Owner to determine at Ownerâ€™s sole discretion whether or not to useÂ your name in association with the use of your User Submissions. You hereby represent thatÂ you will not object to anonymous use of your User Submissions or to an indication of yourÂ name or pseudonym in connection therewith. You hereby represent and warrant that youÂ shall not consider any modification or other use of your User Submissions pursuant to theseÂ Terms and Conditions to be causing damage to your dignity or reputation.
- Owner is not responsible for and makes no warranties concerning the accuracy, usefulness,Â safety, or intellectual property rights of or relating to any User Submissions on the Website.Â You understand and acknowledge that you may be exposed to User Submissions that areÂ offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights orÂ remedies you may have against Owner with respect thereto. Owner expressly disclaimsÂ any and all liability in connection with User Submissions.
- Owner has sole discretion to decide whether a User Submission is appropriate andÂ complies with these Terms and Conditions or the policies of Owner. Owner reserves theÂ right to remove User Submissions without prior notice and to terminate your access to theÂ Website, if you are in violation, or deemed to be in violation, of these Terms and Conditions,Â Ownerâ€™s policies, if Owner is properly notified that such User Submission infringes thirdÂ party intellectual property rights or is defamatory or in any other way illegal.
- You may be able to link to third partiesâ€™ websites (â€œLinked Sitesâ€) from the Website. LinkedÂ Sites are not reviewed, controlled or examined by Owner in any way and Owner is notÂ responsible for the content, availability, advertising, products or other materials of any suchÂ Linked Sites, or any additional links contained therein.
- Your correspondence or business dealings with, or participation in promotions of,Â advertisers or any third party found on or through the Website, including payment andÂ delivery of related goods or services, and any other terms, conditions, warranties orÂ representations associated with such dealings, are solely between you and such advertiserÂ or third party (as applicable). You agree that Owner shall not be responsible or liable for anyÂ loss or damage of any sort incurred as the result of any such dealings or as the result of theÂ presence of such advertisers or others on the website.
- Your use of this website is at your own risk. Neither Owner nor any of its subsidiaries,Â divisions, affiliates, agents, representatives or licensors shall be liable to you or to anyoneÂ else for any loss or injury or any indirect, incidental, consequential, special, punitive orÂ similar damages arising out of your access or use of, or your inability to access or use, theÂ Website and the information available on the Website or arising out of any action taken inÂ response to or as a result of any information on the Website whether based on contract, tortÂ or other theory of the law and whether Owner or any of its lawful agents or employees haveÂ been advised of the possibility of such claim. You hereby waive any and all claims againstÂ Owner and its subsidiaries, divisions, affiliates, agents, representatives and licensors arisingÂ out of your use of the website and the information available thereon.
- Without limiting the foregoing, you agree that the maximum aggregate liability of Owner andÂ its subsidiaries, divisions, affiliates, agents, representatives and licensors for any claim,Â action or demand arising out of or in connection with this user agreement or the Website willÂ be limited to CD$10.00 in the aggregate.
- You agree that you will at all times indemnify Owner from and against any and allÂ reasonable costs, expenses, losses, liabilities and damages (including, without limitation,Â court costs and lawyersâ€™ fees) arising out of this Agreement.
- This Agreement constitutes the entire agreement between the parties hereto with respect toÂ the subject matter hereof and cancels and supersedes any prior understandings andÂ agreements between the parties hereto with respect thereto. There are no representations,Â warranties, covenants, terms, conditions, undertakings or collateral agreements, express,Â implied or statutory, between the parties other than as expressly set forth in this Agreement.
- You agree that your use of the Website is governed by the laws of the Province of Ontario,Â Canada without giving effect to any principles of conflict of law. You agree that any claimÂ brought against Owner will be brought exclusively in a court of competent jurisdiction inÂ Ontario and both parties agree to attorn to the exclusive jurisdiction of the courts of theÂ Province of Ontario. If you choose to access the Website from any location other thanÂ Ontario, Canada, you do so on your own initiative and are solely responsible for complyingÂ with any applicable local laws in your jurisdiction. If any part of this Agreement is invalid orÂ unenforceable for any reason whatsoever under applicable law, the invalid or unenforceableÂ provision shall be deemed severable from this Agreement and shall not affect the validity orÂ enforceability of any remaining provisions.