Terms of Service
A work of art damaged during delivery will be replaced if returned within 15 days of arrival with an original receipt. For return shipping instructions please contact email@example.com.
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
- Ownership of Site
1.1. Ownership – The content of the Site and the expression, organization, gathering, compilation, magnetic translation, digital conversion, and electronic transmission thereof are protected under applicable law relating to copyrights, trademarks and other proprietary rights (including but not limited to intellectual property) and are strictly the property of Company.
1.2. Copyright and Trademarks – None of the content found on this site may be copied, reproduced, republished, distributed, sold, licensed, transferred, distributed or modified without the express written permission of Company. Unauthorized use of the website would be a violation of Company’s rights. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are the property of Company. The site and the software incorporated in the site may not be reverse engineered, decompiled or disassembled.
2. Disclaimer and Limitation of Liability
2.1. All content provided on this Site are made available on an “as is” “where is” basis. All representations warranties, express or implied, are disclaimed. Company in no way represents, warrants or guarantees that the Site or any element of the Site will be available within any deadline or time period. Furthermore, for greater clarity, Company in no way assumes any obligation on the part of any User to provide access to the Site within any prescribed deadline, and hereby disclaims any liability for any User who acts or fails to act for any reason because such User relied solely on the Site. Without limiting the foregoing, Company disclaims any warranties with respect to operation of any technological security or DRM security features or for the content of any film or other materials accessed through this Site.
2.2 Content accessed from this Site is for personal non-commercial use only. Permission to otherwise reprint or electronically reproduce any document or audio-visual material in part or in its entirety is expressly prohibited, unless prior written consent is obtained from Company;
2.3 There is no guarantee of privacy for personal information uploaded to the Site by the User about themselves or provided to PayPal or another electronic payment mechanism for payments processed for sale of items on the Site. Users should not upload private information or participate in any Site services or features if they are concerned about their personal privacy; and
2.4 With respect of any product or service included on the Site, Company and its affiliates make no representation or warranty of merchantability and/or fitness for a particular purpose. There shall be no refund, reimbursement or exchange for any product or service purchased on the Site.
2.5 Site Accessibility and Viruses – The Site may be unavailable or inaccessible from time to time, at any time, due to routine maintenance, errors, problems or other unforeseeable causes. Moreover, the information on the Site may contain bugs, errors, problems or other limitations. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is hereby disclaimed
2.6 Limitation of Liability – Company and its, shareholders, directors, officers, employees and affiliates have no liability whatsoever for a User’s reliance on the Site or use of any information contained on the Site. In particular, but not as a limitation thereof, Company and its affiliates are not liable for any INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE ARISING FROM PRODUCT LIABILITY AND NEGLIGENT MISREPRESENTATION), ANY LEGAL COSTS ARISING THEREFROM, OR ANY OTHER COSTS OR EXPENSES ARISING OTHERWISE. Even if advised of the possibility of such damages, the disclaimer of liability for damages set forth above is a fundamental element of this Agreement for the use of the Site. This Site and the information contained herein would not be provided without such limitations. The User’s sole remedies in respect of any damages suffered as a result of their use of the Site shall be to immediately discontinue his or her use of it.
User agrees to indemnify, save and hold Company and its directors, officers, shareholders, employees, partners, and affiliates harmless from any liability for expenses, losses, costs (including any legal fees on a substantial indemnity basis) as a result of any damages arising out of any demand, claim, action, cause of action, mediation, arbitration or other legal proceeding against Company that occurs as a result of accessing or using the Site and/or the User violating this Agreement.
4. Uploaded Documents or Messages
4.1. Prohibited Material – In uploading any materials or content or sending any requests within the Site, the User shall not, under any circumstances, supply, upload or send messages that,
(a) are unlawful, harmful, threatening, abusive, harassing, defamatory (either libelous or slanderous), invasive of another’s privacy, pornographic, or is harmful to minors in any way. Despite this paragraph, the User acknowledges that Company does not pre-screen or otherwise censor any content from other Users on the Site;
(b) is false, deceptive or misleading;
(c) infringes any patent, trademark, copyright, industrial design, or other form of intellectual property right of Company or any other person;
(d) contains personal information except as permitted by the Personal Information and Electronics Documents Act (Canada).
(e) constitutes unsolicited e-mail, junk mail, spam, or any form of advertising or solicitation for commercial purposes;
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) is designed to disrupt the ability of other Users to use the Site or makes disproportionately high use of network resources or infrastructure, or otherwise negatively affect the ability of others to use the Site;
(h) is in violation of any Canadian or Ontario law not already mentioned above, including any statute, regulation, or common law requirement whether in law or equity; and
(i) constitutes content or material that is deemed prohibited by Company in its sole and absolute discretion that may be exercised unreasonably at any time.
5. Prohibited Activity
5.1. Hacking, etc. – Users shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
5.2. Circumvention of DRM security measures - Users shall not attempt to circumvent any DRM security features on copies of any film accessed through this Site that prohibits any unauthorized copying, access, distribution, streaming or downloading of such film or its copies.
5.3. Monitoring and Circumventing Site – Users shall not use any “deep-link”, “page-scrape”, “robot”, “spider”, “agent” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Company reserves the right to bar any such activity.
5.4. Probing, etc. – Users shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. Users will not reverse look-up, trace or seek to trace to its source any information on any other user of or visitor to the Site, or any client or customer of Company, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the User’s own information, as provided for by the Site.
5.5. Overloading Site – The User will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure (including the bandwidth capacity) of the Site or Company’s systems or networks, or any systems or networks connected to the Site or to Company.
5.6. Interference – Users shall not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
5.7. Harassing and Stalking – User also hereby agrees that they shall not use the Site to:
(a) contact anyone against their will or “stalk” or otherwise harass anyone in any manner; and
(b) collect personal data about anyone for commercial purposes unrelated to the purpose set out in Article 2 (Access License) if any, or for any unlawful purposes.
5.8. Disguising Messages and Identity – Users shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to Company or another User on or through the Site, or disguise the origin of any service offered on or through the Site. No User may impersonate any other individual or entity, and no User may fraudulently hold him/herself out as representing Company or any other person or entity.
5.9. Unlawful Activity – Users shall not use the Site or any content or other document therein for any purpose that is contrary any statute, regulation, by-law, rule, common law principal (whether in law or equity) or other requirement of Ontario law or the laws of Canada, or any purpose prohibited by this Agreement, or to solicit the performance of any such illegal activity or other activity which infringes the rights of Company or others.
5.10. Code of Conduct – In addition to the requirements set out in this Article 9 (Prohibited Activity), the User also agrees to comply with any Codes of Conduct or other rules that Company may set out on the Site at any time from time to time.
6. Links to Other Sites
6.1. Links to Merchant Sites – Company may provide links on the Site, or other websites developed and hosted by Company, that allow access to third party merchant (”Merchants”) sites from which the User may obtain information and possibly purchase certain goods or services. “Merchants” herein includes Paypal or such other electronic payment mechanism for payments processed for sale of items on the Site. The User understands that
(a) neither Company nor its affiliates operates or control the products or services offered by Merchants, and such Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service;
(b) neither Company nor its affiliates is or will be a party to the transactions entered into between Users and Merchants;
(c) information about and purchase and use of the products or services offered by the Merchants is at the sole risk of User and is without warranties of any kind by Company, express, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement;
(d) all rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants’ sites. Company is not responsible for information provided by Users to Merchants. Merchant and Company are independent contractors and neither party has authority to make any representations or commitments on behalf of the other; and
(e) Under no circumstances is Company or its affiliates liable for any damages arising from the transactions between Users and Merchants or for any information appearing on merchant sites or any other site linked to this site. As contemplated in Article 5 (Disclaimer and Limitation of Liability), Company will not be liable to Users for any incidental, special or consequential damages of any kind that may result from access to merchant sites or the use of any products or services offered by merchants.
6.2. Links to Other Sites – This Site may contain links to other websites other than Merchant Sites. Company is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Company. Inclusion of any linked website does not imply approval or endorsement of the linked website by Company. If a User decides to leave Site and access these third party sites, he/she does so at his/her own risk.
7. Governing Law and Jurisdictional Issues
7.1. Governing Law and Disputes – This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, Canada and governed by the laws of Ontario and the laws of Canada as may be applicable herein. All disputes, controversies or claims arising out of in connection with or in relation to this Agreement, including any question regarding its existence or validity shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario (including the Supreme Court of Canada), which shall have exclusive jurisdiction in the event of any dispute hereunder. The parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate or determine any suit, action, or proceedings arising out of or in connection with this Agreement.
7.2. Compliance with Ontario Law – In using the Site, the User hereby agrees to comply with all legislation, regulations, common law requirements (including such requirements in law and equity) as may be applicable and in force pursuant to the laws of Ontario and Canada. Any monies payable pursuant to the terms hereof (if any) shall be in Canadian currency.
7.3. Actions Subject to Disclaimer – All actions, applications and other legal proceedings shall be subject to the disclaimers and limitations set forth in Article 5 (Disclaimer and Limitation of Liability).
7.4. Severability and Waiver – Should any part of this Agreement be held invalid, unenforceable or inconsistent with the law applicable to this Agreement, that portion shall be severed from this Agreement and the remaining portions shall remain in full force and effect. Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
7.5. Users Outside Ontario – This site is controlled and operated by Company from its offices within the Province of Ontario. Company makes no representation that documents, or other materials from the Site are appropriate or available for use outside of Ontario. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Interpretation of Agreement
8.1. Entire Agreement – This Agreement constitutes the entire and only agreement between Company and a User, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
8.2. Electronic Form – The electronic form of this Agreement presented to the User when they access the Site shall be the sole true and correct version. Company hereby reserves the right to update and amend this Agreement from time to time. Company will post the latest version of this Agreement on the Site in electronic form.
8.3. Assignment – Company may assign its rights and obligations under this Agreement to any person without notice to the User. No part of this Agreement may be assigned by the User without Company’s written consent.