FAT DOG MEDIA LIMITED TERMS OF USE

THIS DOCUMENT SETS FORTH THE TERMS OF USE FOR THIS WEBSITE (“SITE”), AS MORE SPECIFICALLY DEFINED BELOW, AND THE INFORMATION, SERVICES AND/OR PRODUCTS THAT MAY BE MADE AVAILABLE TO YOU, THE USER (“YOU” OR ”YOUR”) THROUGH THIS SITE (IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, “YOU” AND |YOUR” ALSO INCLUDE YOUR PARENTS OR LEGAL GUARDIANS). PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY. BY USING THE SITE, YOU INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE IN ANY MANNER.

The Site encompasses this website and all associated Fat Dog Media Limited (“FTML”) Web pages, including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with all site services provided through such Web pages.
Modification of these Terms of Use

FTML reserves the right to change these Terms at any time at its sole discretion and without notice to you. All changes to the Terms will be posted on the Site and are effective immediately. Consequently, FDML recommends that you visit and review these Terms frequently. Your continued use of the Site following any changes to the Terms will mean you accept those changes.
Information on Site

The contents of the Site, such as text, graphics, images, information obtained from FTML’s licensors, and other material contained on the Site are for informational purposes only. The Content is not intended to be a substitute for professional health or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional health or medical advice or delay in seeking it because of something you have read on the Site!  If you think you may have a medical emergency, call your doctor or 911 immediately. FTML does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by FDML, others appearing on the Site, or other visitors to the Site is solely at your own risk.
Site Ownership

The Site, including all text, logos or graphic images appearing therein, is protected by copyright, trademark, patent, trade secret, and other laws. The Site and all Site content is the property of FDML and/or third party licensors, and all right, title and interest in and to the Site shall remain with FDML and/or such third party licensors. Nothing in these Terms transfers any rights to you or any third party except as expressly set forth herein.
Links to Third Party Sites

The Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of FDML and FDML is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FDML is not responsible for webcasting or any other form of transmission received from any Linked Site. FDML is providing these links to you only as a convenience, and the inclusion of any link does not imply any association with its operators. You enter any Linked Site at your own risk.
Site Use

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group. You agree to use the Site only to post, send and receive messages and material that are proper and related to the particular Site forum, community, or other site service you are using. Unless otherwise specifically agreed by you and FDML in writing, the Site is for your personal and non-commercial use only, and you will not:

  • Post on or transmit to the Site any defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, profane, threatening or unlawful content or any content that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site service you are using specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with Site materials.
  • Violate any code of conduct or other guidelines which may be applicable to any particular Site services.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their prior express written consent.
  • Post on or transmit to the Site any content that discusses illegal activities with the intent to commit them.
  • Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
  • Violate any applicable laws or regulations, or violate these Terms.
  • Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Site.
  • Post on, transmit to or upload from the Site any content that violates another party’s privacy or infringes another party’s intellectual property, including, but not limited to, such party’s copyrights, trademarks, trade secrets or patents. Examples of materials that may be covered by copyright include software, graphics, text, photographs, sound, video and musical recordings.

Monitoring

FDML has no obligation to monitor you or any other user’s use of the Site, and currently does not perform such monitoring. FDML reserves the right to review and monitor your use of the Site, including without limitation your use of any user ID and/or password in accessing the Site and any materials posted to the Site, and to remove any materials in its sole discretion. FDML reserves the right to restrict or terminate your access to the Site, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any Site user ID and/or password, at any time without notice if we believe you have violated these Terms.  
Information Disclosure

Disclosure Under Law. FDML reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FDML’s sole discretion if we believe you have violated these Terms.

Providing Correct Personal Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (“Information”). You agree to provide FDML with correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site. FDML’s use of your Information is subject to the FDML Privacy Policy.

Caution When Providing Information. Always use caution when giving out any personally identifying information about yourself or your children in using any Site service. FDML does not control or endorse the content, messages or information found in any Site forums, communities or other services and, therefore, FDML specifically disclaims any liability with regard to Site services and any actions resulting from your participation in such services

Posting Limitations. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to FDML or Posted at Any Site

License in Posted Materials. FDML does not claim ownership of the materials you provide to FDML (including rating, feedback and suggestions) or that you post, upload, input or submit to the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FDML, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicenseable license in and to such Submissions. We have the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, with or without attribution, and allow other Site users to do so as well. Where feasible, we will generally strive to provide attribution in the event we use Submissions.

No Compensation. No compensation will be paid with respect to the use of your Submission, as provided herein. FDML is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FDML's sole discretion.

User Representation. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  Furthermore, you represent that your Submissions are legal and do not contravene the rights of any other person.  You hereby indemnify and agree to hold the FDML Entities (as defined below) harmless for any claims, damages, and legal fees incurred by them in connection with the investigation or defence of any Claim (as defined below) brought or threatened to be brought against any of them in connection with or as a result of your Submissions.
Representation and Warranty Disclaimer

THE SITE AND ALL INFORMATION AND MATERIALS ON THE SITE, INCLUDING TEXT, IMAGES, GRAPHICS, AND LINKS, AND THE INFORMATION AND MATERIALS ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH FDML, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” BY FDML AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. ANY USE OF THE SITE AND ANY INFORMATION AND/OR MATERIALS PROVIDED ON OR THROUGH THE SITE SHALL BE SOLELY AT YOUR OWN RISK. EFFORTS BY FDML TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. FDML AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND SHAREHOLDERS (COLLECTIVELY, WITH FDML, THE “FDML ENTITIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WERE NEGLIGENT. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, FDML’s liability is limited to the greatest extent permitted by law.
Indemnification

You shall indemnify, defend and hold the FDML Entities harmless from all claims, losses, liabilities, suits, damages, disputes or demands, including reasonable attorneys fees (collectively, “Claims”), arising from your use of the Site or from any violation of these Terms. In connection with any Claims that may give rise to your indemnification obligations as set forth above, the FDML Entities shall have the exclusive right, at its option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the FDML Entities pursuant to this Section.
Governing Law
The Site is controlled, operated and administered by FDML from its offices within Canada. FDML makes no representation or warranty that the Site or any of the content therein is appropriate or available for use at any locations outside Canada. If you access the Site from outside Canada, you are responsible for compliance with all applicable laws. These Terms shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms, your use of the Site or the relationship which results from these Terms, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FDML as a result of these Terms or use of the Site. FDML’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of FDML’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FDML with respect to such use. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision(s) of these Terms shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the provision shall be deemed to have been amended to the extent required to render it valid and enforceable, and such court is hereby authorized and directed to amend the provision to the extent that, but only to the extent that, such court determines such amendment is necessary to make it legal, valid, and enforceable. The failure of FDML to enforce any provision of these Terms shall not be construed as a waiver or limitation of FDML’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms. These Terms shall be binding upon, inure to the benefit of, and be enforceable by the parties to these Terms and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of these Terms or of any rights or obligations hereunder may be made by you (by operation of law or otherwise) without the prior written consent of FDML. FDML may assign its rights and obligations under these Terms to any other party. Unless otherwise specified herein, these Terms constitute the entire agreement between you and FDML with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FDML with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be drawn up in English. The headings and other captions in these Terms are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms. Those terms and conditions of these Terms that assign liabilities to the parties extending beyond the term of these Terms shall survive termination of these Terms.

 




 

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