Your Access to the Services
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Services at any time for any reason without prior notice to you and without any liability to you for doing so. We may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any specific features or content, without prior notice and without liability to you for doing so.
500 King Street West, Fourth Floor
Toronto, Ontario M5V 1L9 Canada
Attention: Executive Vice President and Chief Operating Officer
Any notification of a potential claim must be writing and include:
- the name and signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of each alleged infringing copyright work or works;
- identification of the alleged infringing material and information reasonably sufficient to enable us to search for and identify such material;
- information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number and e-mail address);
- a statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You may not to post, transmit, link to or otherwise distribute falsehoods or misrepresentations that could damage us or any third party.
- You may not to post, transmit, link to or otherwise distribute any material that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, violate the legal rights of any person (including publicity or privacy rights) or is otherwise inappropriate or would restrict or inhibit any other user from using or enjoying the Services. You may not post, transmit, link to or otherwise distribute material that exploits people under the age of 18 in a sexual or violent manner, solicits personal information from anyone under the age of 18, provides information about illegal activities, such as making or buying illegal weapons, violates someones privacy, or provides information relating to the creation of computer viruses or other harmful or disruptive components. You also agree not to post, transmit, link to or otherwise distribute in any way information, software or other material that infringes the intellectual property rights of any party.
- You may not post advertisements or solicitations of any business or commercial activity, including contests or sweepstakes. You may not submit any material that relates to or involves the transmission of unsolicited mass mailing, "spamming", "junk mail" or "chain letters".
- You may not impersonate or falsely suggest your association with another person, or submit materials in another persons name.
Mobile Applications from iTunes
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LA>W, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR SERVICES LINKED TO THESE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE "SMV PARTIES") BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER OR FOR LOSS OF PROFITS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) AND WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THESE SERVICES OR ITS CONTENT, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED THROUGH THE SERVICES. IN NO EVENT SHALL ANY SMV PARTY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HYPERLINKED WEBSITE.
- IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SMV PARTIES' COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN THE AGGREGATE TO $100.
- You agree that any cause of action arising out of or related to the Services will be permanently barred if it does not commence within one (1) year after the cause of action accrues.
Jurisdiction and Governing Law
We make no representation that the Services or the materials contained therein are appropriate or available for use in all locations. Those who choose to access the Services do so at their own risk and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
If you have any questions or complaints regarding the Services, please contact us at email@example.com
Last updated: April 29, 2013