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©Cravenpark Media Inc. All rights reserved.
IMPORTANT - READ ALL THE TERMS AND CONDITIONS CONTAINED HEREIN CAREFULLY.
Terms of Use Acceptance
Thank you for selecting Cravenpark Media Inc. (“Cravenpark”) for your products and services. Cravenpark owns and operates this Website, located at http://www.cravenparkmedia.com (the “Website”). This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the Website. By accessing and using the Website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. We reserve the right to make changes to these terms, but changes will be posted on www.cravenparkmedia.com and will apply only to your use after such posting.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF CRAVENPARK'S OPERATING WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
This Agreement is in addition to and not in substitution for any other agreements between you and Cravenpark. Cravenpark may revise this Agreement at any time by updating this posting. By using the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
Ownership
All materials displayed or otherwise accessible through the Website, including, without limitation, news articles, content, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the content) are protected under Canadian and foreign copyright or other laws, and are owned by Cravenpark, its licensors or the party accredited as the provider of the content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the content accessed through the Website. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY content, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CRAVENPARK
Persons wishing to use copyrighted material from this website for commercial purposes or wishing to copy such materials, in whole or in part, onto another website, need the written permission of Cravenpark. Please send copyright enquiries to info@cravenparkmedia.com.
Limited Licence
Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted the right to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content.
Trademarks
Cravenpark are official marks or trademarks of Cravenpark. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of Cravenpark or third parties. While certain trademarks of third parties may be used by Cravenpark under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between Cravenpark and the owner of said trademark or to imply that Cravenpark endorses the wares, services or business of the owner of said trademark. Nothing contained on the Website should be construed as granting you any license or right to use any trademark logo or design of Cravenpark or any third party, without the written permission of Cravenpark or the respective owner of any third-party trademark.
Disclaimer of Warranties
THE WEBSITE AND ALL content IS PROVIDED AS IS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE content IS ENTIRELY AT YOUR OWN RISK. CRAVENPARK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE content, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (A) THAT THE WEBSITE AND/OR content WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (B) THAT ANY content, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (C) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (D) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (E) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (F) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.
Limitation of Liability.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CRAVENPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CRAVENPARK KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CRAVENPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF CRAVENPARK HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CRAVENPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF CRAVENPARK OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
CRAVENPARK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL CRAVENPARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (A) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (B) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, content, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY
WEBSITE LINKED TO OR FROM THE WEBSITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR content, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE CRAVENPARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.
No Advice
The information provided on this Web Site is intended for informational purposes only and is not intended to constitute financial, accounting, legal, investment, medical, tax, lifestyle or other advice to you. You should consult directly with a Cravenpark professional or your other advisers before acting on any information on this Web Site.
Linking
The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by Cravenpark of the contents of such third-party Websites. Cravenpark is not responsible for the content of any third-party Website, nor does it make any representation or warranty of any kind regarding any third-party Website including, without limitation (a) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party Website; (b) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party Websites; or (c) any representation or warranty that the operation of the third-party Websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Cravenpark encourages links to the Website, it does not wish to be linked to or from any third-party Website which (a) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Cravenpark or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (b) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Cravenpark reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Cravenpark.
Software Licenses and Ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Cravenpark, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (a) the terms and conditions of this Agreement, and (b) any additional conditions which may be imposed on your access and use of such Software.
If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject (a) to the terms of this Agreement and (b) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (a) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (b) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (a) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (b) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (c) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (d) decompile, disassemble, decrypt, extract or reverse
engineer the Software or assist others in doing so.
Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Website is provided “As Is”, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (a) that the Software is of merchantable quality or is fit for any particular purpose; (b) that the Software will conform with any specification(s) relating to the Software; (c) that the Software will be free from material defects; (d) that the Software contains no computer viruses or other contaminants; or (e) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
Online Commerce.
The Website may allow you to purchase many different types of products and services online that are provided by Cravenpark (the “Wares and Services”). When ordering Wares and Services on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested.
Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. Cravenpark, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Cravenpark, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. Cravenpark, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, Cravenpark, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
The Website may allow you to purchase many different types of products and services online that are provided by third parties (“Third-Party Merchandise”). Cravenpark is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Website or linked from the Website, the information obtained during your visit to any third-party Website and the information that you give, such as your credit card number and contact information, is collected by the third-party Website and not by Cravenpark
You release Cravenpark and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Website or by third-party Websites through the Website.
Claims of Copyright Infringement.
It is the policy of Cravenpark to respond to claims of intellectual property infringement. Cravenpark will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be submitted in writing to: info@cravenparkmedia.com.
Indemnity
You agree to indemnify, defend and hold harmless Cravenpark and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Website or any Website to which the Website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Website; and/or (iv) your violation of any law or regulation.
Registration
To use certain features of the Website, you may be asked to register with the Website. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Cravenpark has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cravenpark has the right to suspend or terminate your access to and use of the Website (or any portion thereof). Cravenpark's use of any personally identifying information you provide as part of the registration process is governed by the terms of Cravenpark's Privacy Policy.
Security
Please note that information sent or received over the Internet is generally unsecure and Cravenpark cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
Applicable Jurisdiction
The information on this Website is intended for use by persons resident in Canada only. Any products or services mentioned on this Website are made available only in accordance with local law (including applicable securities laws) and only where they may be lawfully offered for sale.
Waiver
No waiver of provision of this Agreement by Cravenpark shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver.
Unenforceability
If any part of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement, but such part shall be fully severable and this Agreement shall be construed and enforced as if such invalid or unenforceable part had not been contained in the Agreement.
Language
The parties have requested that this Agreement and all communications and documents relating hereto be expressed in the English language. Les parties ont exigé que ce contrat ainsi que tous les documents s'y rattachant soient rédigés dans la langue anglaise.
Applicable Agreements
All products and services of Cravenpark are offered for sale subject to the terms of the applicable agreements. Please consult Cravenpark directly for complete and up-to-date information on products and services.
Privacy
Your privacy is important to Cravenpark. We have a separate privacy policy about how to treat your information. Please click here to view our Privacy Policy.
Termination
Cravenpark may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website, (or any portion thereof). Cravenpark may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction.
The Website (excluding linked Websites) is controlled by Cravenpark from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
General
This User Agreement contains the entire understanding and supersede
all prior understandings or agreements between us with respect to
your use of the Website. This Agreement is not intended to create
a partnership, joint venture, or agency relationship between the
parties. If any provision of this Agreement is found to be illegal,
void or unenforceable, then that provision shall be deemed severed
herefrom and shall not affect the validity and enforceability of
the remaining provisions, which remaining provisions shall continue
in full force and effect.
This User Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the courts of the Province of Ontario, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
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