WEBSITE TERMS AND CONDITIONS
1. Terms and Conditions of Use
This Website ("Website") is owned and operated by Contagium Videos ("Contagium Videos" "our", "we", etc.), Calgary, Alberta, Canada. We provide you with access to this Website as a service conditional on your agreeing to, and complying with, the following disclaimers, limitations of liability and website terms and conditions (collectively "Agreement"). By accessing the Website, you enter into a legal contract and agreement with Contagium Videos, the terms and conditions of which are as stated in this Agreement. If you do not accept the terms and conditions in this Agreement, your access to and use of this Website is prohibited.
We may update or amend this Agreement or post policies governing the use of this Website from time to time, and at any time, without notice to you, and you agree to check for such changes each time you visit the Website. Your continued use or access to the Website following our posting a revised Agreement or a policy constitutes your acceptance of the revised Agreement or policy.
Any rights not granted in this Agreement are expressly reserved by Contagium Videos.
Content posted in this Website by Contagium Videos is for general information purposes only. Products or services may not be exactly as shown.
The Website also provides you with access to content posted by businesses, vendors and advertisers (collectively, "Advertisers"). While Advertisers are required to enter into separate contractual relationships with us, the information, advertising, promotions, products and services posted, advertised, promoted, made available, sold, delivered or provided by Advertisers are the sole responsibility of the Advertiser.
You acknowledge and agree that, while we make reasonable efforts to approve and screen Advertisers and the contents of their listings and postings, we will we not be liable in any event for any damages arising from any dealings between you and any Advertiser. Unless we expressly agree, in no event will we be a party to any agreement between you and any Advertiser.
Without limitation, any dealings between you and any and all Advertisers, including but not limited to any purchase by you of goods or services from Advertisers, will be subject to the terms and conditions offered by the Advertiser and accepted by you, including any terms and conditions of sale, and any terms or conditions accepted by you with respect to the Advertiser. Such terms and conditions may differ from this Agreement. You agree to review any such agreement between you and a Advertiser carefully before accepting.
The privacy practices and policies of any individual Advertiser, and how they collect, use and disclose your personal information, will be subject to the policies followed by such Advertisers, and those policies may differ from ours, or from other Advertisers.
All listings and advertisements posted on, linked to, or available on or through the Website are prepared, placed and made available by Advertisers not under our control and are subject to availability and to change without notice.
Any offers made by us are not offers subject to unconditional acceptance and any offer made by you to us is subject to review and acceptance, or rejection, by us, in our sole discretion.
If you are a copyright holder and believe that any content posted on the Website has been posted without your permission, please report the foregoing to us and, subject to our being satisfied that you are the holder of the rights in question, we will remove any infringing content. We also encourage you to report to us any content that you feel is inappropriate, misleading or illegal.
3. Grant of License
The Website, all content posted by us, and the selection and arrangement of the components and content we post, or permit to be posted, are subject to copyright, all rights reserved. Contagium Videos grants you a limited, revocable, conditional and non-exclusive license to display and print the content posted by us on the Website for personal, non-commercial use only, provided you do not alter the contents thereof. Any other use is strictly prohibited without the express written consent of Contagium Videos.
Individual Advertisers retain their own copyrights and other proprietary rights in content they post on this Website. We post such content, or permit it to be posted, under license from Advertisers.
You agree to not copy, reproduce, duplicate, sell, trade, resell or exploit for commercial purposes all or any portion of the Website.
Your rights to use or copy the content posted by any Advertiser will be subject to the terms and conditions in any agreement between you and the Advertiser.
4. Your Content
In the event that you post or provide us (including by email) with any content, you grant us a non-exclusive, fully-paid and irrevocable license to post your content on the Website, unless you clearly state otherwise. You represent and warrant that you have the right to provide such content, that such content does not violate, misappropriate or infringe the privacy rights, rights of personality, or intellectual property rights, including, without limitation, copyrights and moral rights, of any person. You will indemnify and save us harmless from any breach by you of the foregoing representation and warranty. The foregoing applies, without limitation, to all Advertisers, provided that, in the event of any conflict between this Agreement and the terms and conditions of any express agreement between any specific Advertiser and Contagium Videos, the terms and conditions of such express agreement shall prevail.
In addition to this Agreement, we may from time to time post an acceptable use policy on the Website, and upon posting, such acceptable use policy becomes part of this Agreement. You agree to comply with any posted acceptable use policy. You further agree that we have the right to report any violations of this Agreement, or any such acceptable use policy, to legal authorities we deem appropriate in the circumstances and you release of any liability for doing so.
6. Alberta Law Applies
The laws of the province of Alberta, and the laws of Canada applicable in Alberta, will govern your use of this Website and the interpretation, validity and effect of this Agreement, regardless of your physical location (whether permanent or temporary), residence or domicile. You hereby irrevocably consent, and attorn to the non-exclusive jurisdiction of the courts of the province of Alberta, sitting at Calgary, without regard to the conflicts of laws provisions of such courts, in any action or proceeding related to this Website, its contents, your use thereof or, subject to the provisions of any other agreement between you and us, any and all dealings with us, or this Website. You agree to not commence any action or proceeding against us or with respect to this Website in any other jurisdiction or forum except in Calgary, Alberta, Canada, and you agree to not commence any action by way of class proceedings or class action. However, we will retain the right to seek an injunction or other equitable relief against you in any court of competent jurisdiction if required to restrain a breach or threatened breach of this Agreement by you.
7. DISCLAIMER OF WARRANTIES AND CONDITIONS
THE WEBSITE IS PROVIDED STRICTLY ON AN "AS IS, WHERE IS" AND AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, Contagium Videos DISCLAIMS, AND YOU RECEIVE, NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ITS CONTENTS, ANY INFORMATION, DATE OR MATERIAL CONTAINED ON OR AVAILABLE THROUGH THE WEBSITE, PRODUCTS OR SERVICES DEPICTED OR DESCRIBED ON THE WEBSITE, OR YOUR ACCESS TO THE WEBSITE.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL Contagium Videos, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY KIND FOR ANY LOSS, CLAIM, COST OR DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OR DAMAGES FOR ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OF ACTIVITIES, FAILURE TO REALIZE EXPECTED REVENUE OR SAVINGS, ECONOMIC LOSS, OR LOSS OF DATA, WHETHER, ARISING OUT OF ANY USE OR MISUSE OF THE WEBSITE, OR ANY INTERPRETATION, RELIANCE UPON OR OTHER USE, AUTHORIZED OR UNAUTHORIZED, OF ANY INFORMATION AVAILABLE VIA THE WEBSITE. UNDER NO CIRCUMSTANCES WHATSOEVER WILL Contagium Videos, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CLAIM IN EXCESS OF TEN ($10.00) DOLLARS. THE FOREGOING PROVISIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING IN TORT, CONTRACT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
9. Accuracy of Information
While we take reasonable efforts to ensure accuracy, completeness and timeliness of the contents of the Website, we disclaims any liability whatsoever with respect to errors or omissions, howsoever caused.
10. Third Party Links and Endorsements
From time to time, we may post certain links on the Website that lead to websites maintained by independent third parties over which we have no control. We accept no obligation to post or maintain any such links and there may be no such links at any given time. If we do provide such links, they have been provided solely as a convenience for you and other users of the Website and do not constitute an endorsement by us of the content of such third party sites. Your use of such links is solely at your own risk. Links to this Website may also be provided from other sites either known or unknown to us and access to any other website linked to or from this Website is at your own risk. We make no representations, warranties, conditions or guarantees, and disclaim all liability and responsibility for the privacy practices, content or accuracy of content on all such third party websites. Nothing in this Website constitutes an endorsement or approval of any third parties or their advice, opinion, information, products or services, express or implied.
11. Internet Communications and Email
The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, or alteration of communication for which Contagium Videos assumes no liability. You use the Internet and email at your own risk.
Any unprotected email or other communication over the Internet is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. We do not encourage anyone to send personal or financial information in an email or otherwise via the Internet. We will not be responsible for, nor be liable to you or anyone else, for any damages in connection with any Internet communication with us, nor for any email sent by you to us, or any email or other electronic communication sent by us to you at your request or in response to information received from you.
The content, material and information accessed via the Website are available only under the conditions set out herein. Unless otherwise stated, all the contents of this Website and any information thereon, including the selection and arrangement of the elements making up this Website, are copyright © Contagium Videos, or its affiliates or licensors, all rights reserved. Contagium Videos and associated logs and designs are trade-marks and the exclusive property of Contagium Videos, all rights reserved. The trade-marks of Advertisers, and third parties, if any, appear with any required licenses.
You may link to the front page of this Website at www.Contagium Videos.com. You agree to not otherwise link to other pages in this Website, or to frame, co-brand, or "deep link" (linking to internal pages to bypass advertising on other pages of this Website) to this Website without our express written consent.
We may terminate this Agreement at any time without notice. Individual Advertisers may terminate their presence on the Website at any time without notice but may have contractual obligations to you.
15. General Terms
This Agreement will enure to the benefit of Contagium Videos and its heirs, successors and assigns. In the event that any portion of this Agreement is found to be invalid by a court of competent jurisdiction, such provision shall be severed from this Agreement, and the balance of this Agreement shall remain in full force and effect. The section titles in this Agreement are for ease of reference and have no contractual effect.
16. Contacting Us and Receiving Information
This Agreement applies to all websites, URL's and domains owned and operated by us, or our affiliates or subsidiaries, including without limitation, and subject to whether such domain are in use at the time, the following domains: contagiumvideos.ca, statearts.com and any other domains or websites we may add in the future, and all references to the Website in this Agreement include the foregoing unless the context requires otherwise.