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  Terms of Use

Terms of Use TERMS AND CONDITIONS OF WEB SITE USE

WE THANK YOU FOR YOUR INTEREST IN THE MEDIA REPLICATION SERVICES WEB SITE (THE "MEDIA REPLICATION SERVICES SITE"). PLEASE READ THESE TERMS AND CONDITIONS OF WEB SITE USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE MEDIA REPLICATION SERVICES SITE. BY USING THE MEDIA REPLICATION SERVICES SITE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE Media Replication Services SITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE MEDIA REPLICATION SERVICES SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.

1.0 Rights in Media Replication Services Site and Content

1.1 The Media Replication Services Site and all content provided on the Media Replication Services Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Media Replication Services and/or its affiliates and related companies. Nothing contained on the Media Replication Services Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying Media Replication Services and/or its affiliates and related companies or their respective products and services displayed on the Media Replication Services Site, without the expressed written consent of Media Replication Services or such third party that may own such trade-marks, logos and other names displayed on the Media Replication Services Site.

2.0 Use of Media Replication Services Site and Content

2.1 No information or material from the Media Replication Services 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 on 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. You agree to abide by all copyright notices, information and restrictions contained in any content on the Media Replication Services Site and any content accessed through the Media Replication Services Site. You are hereby advised that Media Replication Services will aggressively enforce its intellectual property rights to the fullest extent permitted by law.

2.2 You will use the Media Replication Services Site and any content, material, or information found on the Media Replication Services Site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Media Replication Services 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 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 the Media Replication Services Site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Media Replication Services Site.

2.3 Media Replication Services 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 the Media Replication Services Site, and Media Replication Services is not responsible for any of this material or information. However, Media Replication Services 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, Media Replication Services 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.

2.4 You hereby grant to Media Replication Services a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to the Media Replication Services Site and/or to incorporate it in other works regardless of form, medium or technology.

3.0 Disclaimer of Warranties & Limitation of Liability

3.1 The information contained on the Media Replication Services site is for informational purposes only and it is not intended to meet any particular user's need. documents provided on the Media Replication Services site are provided as a service only, and do not constitute official versions of such documents. the Media Replication Services site, and all content, material, information or postings found on or accessed through the Media Replication Services site, are provided on an "AS IS" basis. Media Replication Services, 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 title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the Media Replication Services site or the content contained in or accessed through the Media Replication Services site. Neither Media Replication Services nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the Media Replication Services site or the content contained in or accessed through the Media Replication Services site, including, but not limited to, the contents of any content, information, material, or posting found on the Media Replication Services site (including, but not limited to, any press releases or financial information), any services provided through the Media Replication Services site, or any links to other sites made available on the Media Replication Services site or the content contained on such site(s), or as to the continuous or error free use and operation of the internet or the Media Replication Services site. Neither Media Replication Services nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants or agents makes any representations or warranties that the Media Replication Services site or access to and use of the Media Replication Services site will be uninterrupted, error free, or free from defects, viruses or other harmful components. you expressly agree that use of the Media Replication Services site is at your sole risk.

3.2 Information provided on the Media Replication Services site may contain references or cross references to Media Replication Services, its affiliates and related companies' products and services that are not available in your local area and Media Replication Services, its affiliates and related companies makes no representations or warranties as to the availability of such products and services in your local area and such references do not imply that Media Replication Services, its affiliates and related companies intend to provide such products or services in your local area. Media Replication Services recommends that you consult with your nearest Media Replication Services business office for information regarding the products and services which may be available to you in your local area. Web sites accessed via links or other means from the Media Replication Services site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any information, material, content or links on the Media Replication Services site should not be construed as an express nor an implied endorsement of any third party products or services.

3.3 Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall Media Replication Services 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, or postings on the Media Replication Services site, 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 Media Replication Services 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.

4.0 Recourse

4.1 If you are dissatisfied with the Media Replication Services Site or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Media Replication Services Site. In such an event, you agree to destroy all materials obtained by you on the Media Replication Services Site and any and all other Media Replication Services site(s) and all copies thereof. The Terms and Conditions shall survive any such termination.

5.0 Miscellaneous Terms

5.1 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 Media Replication Services may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies or guidelines posted on the Media Replication Services Site by Media Replication Services constitute the entire agreement between Media Replication Services and you with respect to the subject matter hereof. No waiver by either Media Replication Services 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 provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English



 

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