Your access to and continued use of this Web site and the services offered on this Web site constitute your acceptance of and compliance with the following provisions. Please take some time to familiarize yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of this Web site and/or any offered services. These terms and conditions may change from time to time and it is your responsibility to check for such updates. The last revision data for these terms and conditions is set forth below.
This Web site and all content and services provided on and through this Web site are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Pelmorex Media Inc. ("PMI") and/or its affiliates and related companies. Nothing contained on this Web site grants, by implication, estoppel, or otherwise, any licence or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying PMI and/or its affiliates and related companies or their respective products and services displayed on this site, without the expressed written consent of PMI or such third party that may own such trade-marks, logos and other names displayed on this site.
Without the expressed written consent of PMI, no information or material from this Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials onto any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content or content sent to you as part of any service. You agree to abide by all copyright notices, information and restrictions contained in any content on this Web site and any content sent to you or accessed through this Web site. You are hereby advised that PMI will enforce its intellectual property rights to the fullest extent permitted by law.
You will use this Web site and any content, material, or information found on this Web site or any services offered through this Web site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through, this Web site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or that contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through this Web site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through this Web site. Any conduct by you that in PMI’s discretion restricts or inhibits any other user from using or enjoying this Web site will not be permitted.
PMI has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through this Web site or that is displayed through the Webcams accessible through this Web site, and PMI is not responsible for any of this material or information. However, PMI reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, PMI reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
The foregoing provisions of this section are for the benefit of PMI, its affiliates and related companies and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
You may display the headlines, active links and other information contained in the RSS feeds (the "RSS feed content") on your personal web site for non-commercial purposes, provided that: (i) you do not modify or delete any of the RSS feed content; (ii) you do not redistribute the RSS feed content; (iii) the links redirect the user to this Web site when the user clicks on them or other predetermined location; and (iv) the use or display does not suggest that PMI or its affiliates or related companies promotes or endorses and third party causes, ideas, web sites, products or services.
Disclaimer of Warranties & Limitation of Liability
The information contained on this Web site and offered through services accessible from this Web site is for informational purposes only and it is not intended to meet any particular user’s need. Documents provided on this Web site are provided as a service only, and do not constitute official versions of such documents. This Web site, and all content, material, information or postings found on or accessed through this Web site and its services, are provided on an "AS IS" basis. PMI, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of accuracy, title and non-infringement, and all implied warranties and conditions of merchantability, fitness for any particular purpose, or suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to this Web site or the content contained in or accessed through this Web site and its services.
Neither PMI nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the availability, accuracy, quality, timeliness, reliability, truthfulness or completeness of this Web site or the content contained in or accessed through this Web site, including, but not limited to, the contents of any content, information, material, Webcam images or posting found on this Web site (including, but not limited to, any press releases or financial information), any services provided through this Web site, or any links to other sites made available on this Web site or the content contained on such site(s), or as to the uninterrupted, continuous or error free use and operation of the internet, this Web site or any related services or that any of them is free from defects, viruses or other harmful components. You expressly agree that use of this Web site is at your sole risk.
Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall PMI or its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material, Webcam images or postings on this Web site, or related services, directly or indirectly, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither PMI nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you, or images displayed on any Webcam.
You hereby grant to PMI a world-wide, royalty-free, perpetual, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to this Web site or by e-mail to PMI on any platform, medium or technology ("Submissions"). You agree that you have all required licenses, rights, consents and permissions to use and to grant PMI the right to use any Submissions and that such Submissions do not infringe the intellectual property, privacy or other rights of any third parties and you grant PMI a right to provide access to the Submissions. You warrant that any software submitted to PMI shall be free of computer viruses. All Submissions may be displayed or removed by PMI without notice. PMI does not guarantee the confidentiality of any Submissions, whether published by PMI or not.
Confidential Information and Privacy
PMI respects each individual’s autonomy and is committed to protecting the privacy of all users of the site. PMI’s stance on privacy is very simple: first, PMI collects personal information about you only when you knowingly and willingly provide it; and second, PMI will not share, sell or otherwise profit from the distribution of personal data beyond the use it was provided to fulfill. As with all PMI’s relationships either on or off the Internet, PMI holds its customers’ information with care and in strict confidentiality. Notwithstanding, PMI reserves the right at all times, without prior notification to you, to disclose any information about you or your use of this Web site as necessary to satisfy any law, regulation, governmental request or court order. PMI aggregates non-personal information about our customers usage behaviour from the Web site and/or surveys to better understand our customers’ needs and to improve our services overall. This aggregate information is shared with business-partners and advertisers but does not include any personally identifiable information, and does not put the confidentiality of your information at risk. Complete confidentiality and security is not yet possible over the Internet. Internet use and communication is subject to interception, loss and alteration. On whichever site you provide personal information, it is possible for a third party to view that information. It is not surprising, for example, that messages to newsgroups have resulted in unsolicited email from spammers. You acknowledge and agree that PMI and its affiliates and related companies shall not be responsible for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at your own risk.
Web sites accessed via hypertext link or other means from this Web site have, unless otherwise indicated, been independently developed by third parties and we do not warrant the accuracy or completeness of the information contained in such sites. The inclusion of any information, material, content or links on this Web site should not be construed as an express or an implied endorsement of any third party products or services.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless PMI, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these provisions; or (ii) your use of this Web site, the content contained in this Web site and the placement or transmission of any information or other materials on this Web site made by you or others using your account. You agree to promptly notify PMI immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. PMI reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
If you are dissatisfied with this Web site, its services or these provisions, your sole and exclusive remedy is to discontinue using this Web site. In such an event, you agree to destroy all materials obtained by you on this Web site and all copies thereof. These provisions shall survive any such termination.
Third Party Content
PMI is a distributor (and not a publisher) of content supplied by third parties and users of this Web site including, but not limited to, the images displayed on third party Webcams. Accordingly, PMI has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, images or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of PMI. In many instances, the content available through this Web site represents the opinions and judgments of the respective information provider or user. PMI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Web site by anyone other than authorized PMI employee spokespersons while acting in their official capacities.
PMI also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Web site or your downloading of any materials, data, text, images, video, or audio from this Web site.
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as PMI may determine, in any and all actions, disputes, or controversies relating hereto. These provisions and any rules, policies or guidelines posted on this Web site by PMI constitute the entire agreement between PMI and you with respect to the subject matter hereof. No waiver by either PMI or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that these provisions and all documents relating thereto be drawn up in English.