Terms and Conditions
PLEASE READ THE FOLLOWING TERMS OF — USE CAREFULLY. Byrnesmedia Inc. is the owner of the web site https://byrnesmedia.com Your access and continued use of the Web Site constitutes your full acceptance and compliance with the following terms and conditions (“Terms”). If you (the “User”) have not already done so, please take some time to familiarize yourself with these Terms. If you do not agree with the Terms, PLEASE DISCONTINUE ALL — USE OF THE WEB SITE IMMEDIATELY.
COPYRIGHT AND TRADE-MARKS – All names, titles, logos and graphic elements appearing on the Web Site which identify the products and services of Byrnesmedia, and all names, titles, logos and graphic elements derived there from or related thereto are trade-marks and the sole property of Byrnesmedia. All other names, titles, logos and graphic elements that appear on the Web Site and are not the property of Byrnesmedia are the exclusive property of their respective owners. The Web Site contains elements, trade-marks and other exclusive information, including, without limitation, texts, pictures, images, illustrations, music, audio clips, video clips, software and other copyrighted material (collectively referred to as the “Material”). The Material is protected by Canadian and international copyrights and trade-marks laws and international treaties. Byrnesmedia is the copyright owner of the original Material and of all selection, coordination, arrangement or embellishment of the original Material. The Web Site is protected under Canadian copyright legislation as a collective work and a compilation. By accessing the Web Site, the User undertakes to comply with the provisions of the laws governing copyright and trade-marks. Unauthorized use of the Material can result in penalties being imposed according to the laws of Canada. It is strictly forbidden to use or alter any of the trade-marks, service marks, logos or characters found on the Web Site.
LINKS – The Web Site may present links to third party web sites. The owners of third party web sites manage the content of such web sites which is neither checked nor approved by Byrnesmedia. The posting of any link on the Web Site cannot be construed as an endorsement, a guarantee or a recommendation of the products or services offered on such third party web sites. The User links to third party web sites at his/her own risk. Third party web sites may provide a link to the Web Site but may not replicate any of its content. Furthermore, under no circumstances may a third party imply that Byrnesmedia are associated with a third party or are endorsing its web site or its products. Third party web sites that link to the Web Site must not contain any material that may be construed as illegal, distasteful, offensive or controversial and should display content that is appropriate for all age groups. Byrnesmedia may withdraw a third parties right to link to its Web Site at any time in its sole discretion.
FORUM – Forum” shall mean a chat room, a blog, an e-mail or any other message, means, space or communication mechanism available on the Web Site or any other mobile program operated by Byrnesmedia. A User involved in a Forum is not allowed to:
commit a criminal act or technical offence, including, without limitations, all crimes related to pornography, threats, intimidation, hate, aggression, or any economic crimes;
libel, abuse, harass, stalk or threat others, or otherwise cause prejudice to the rights of others to good reputation, confidentiality, protection of privacy and public life, or to any other statutory rights, or intellectual property rights; publish, post, distribute or disclose any information or document which is defamatory, obscene, indecent or illegal or that prejudices the rights of others;
download or transmit files which contain viruses, corrupted files or any other software or programs of this type which could impede the operation of Byrnesmedia or the Users computer system;
remove or modify any mention of copyrights, trade-marks, and trade name, and any logo, legal notice, property identification or any label in any file which is downloaded or uploaded;
falsify the origin or the source of a software or the content of a file which is downloaded or uploaded;
advertise and offer for sale goods or services, circulate surveys, contests or chain letters;
engage in any behaviour that encourages or motivates any activities prohibited herein and plot to conduct such activities.
The User acknowledges and agrees that all communications in the Forum are not private and that the Forum can only be used for non-commercial communications. Moreover, the User acknowledges and agrees that chatting, posting, conferencing and other means of communications between the Users are not followed, supervised, filtered, approved or sanctioned by Byrnesmedia. However, Byrnesmedia reserves the right, without any obligation, to supervise the Web Sites content, including Forums, and to remove or refuse to post any text or content that is considered, at the sole discretion of Byrnesmedia, to be in contravention of any clause herein or otherwise inadmissible. The User is fully responsible for the content of his/her communications. Byrnesmedia has the right, at its sole discretion, to ban a User from the Web Site, without notice.
By posting messages, uploading or transmitting any material or content to a Forum or to Byrnesmedia, the User automatically grants to Byrnesmedia (or automatically warrants that the owner of such material or content has expressly granted to Byrnesmedia) the perpetual, royalty-free and non-exclusive right and license worldwide to create derivative works, in whole or in part, from such content or material and to use, reproduce, modify, adapt, publish, translate, transmit, distribute or in any way exploit such material or content, in whole or in part, in any media and by any technology now known or hereafter developed. Furthermore, the User irrevocably waives any “moral” right on any contents or files uploaded or transmitted by the User.
WAIVER OF RIGHTS: The User waives all rights to any stories, ideas, drawings, opinions and other works posted on the Web Site. Furthermore, the User may only post original works of which he/she is the sole author.
JURISDICTIONAL ISSUES – The Web Site is controlled and operated by Byrnesmedia from its offices in the Province of Ontario, Canada. When using the Web Site, the User agrees that all matters related to his/her visit of the Web Site or its content is governed by the laws of the Province of Ontario and Canada, notwithstanding any conflict of laws provision. The User recognizes that the courts in the Province of Ontario have jurisdiction over all claims and proceedings arising from or related to this agreement.
TERMINATION – Byrnesmedia may terminate this agreement, without notice as soon as it is of the opinion, in its sole discretion, that the User contravenes any provision hereunder. Upon termination of this agreement, the User must destroy all materials obtained from the Web Site and any and all copies thereof, whether made under the terms of this agreement or otherwise.
DISCLAIMER – THE MATERIALS IN THE WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAWS, BYRNESMEDIA AND ANY AFFILIFATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIR– USES OR THE ACCURACY, QUALITY OR RELIABILITY OF THE CONTENT OF THE WEB SITE. THE — USER FULLY ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BYRNESMEDIA DOES NOT WARRANT THAT THE WEB SITE AND THE SERVERS HOSTING THE WEB SITE WILL BE FUNCTIONAL WITHOUT INTERRUPTION OR ERRORS OR VIR– USES, OR THAT SUCH PROBLEMS WILL BE FOUND AND CORRECTED. MOREOVER, BYRNESMEDIA AND THEIR AFFILIATED COMPANIES DO NOT MAKE ANY REPRESENTATIONS AS TO THE VALIDITY, ACCURACY, AUTHENTICITY AND RELIABILITY OF THE CONTENT OF THE WEB SITE AND OF THE GOODS AND SERVICES APPEARING ON THE WEB SITE. BYRNESMEDIA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THE WEB SITE AND THE DISCLAIMERS AND TERMS AND CONDITIONS HEREIN AT ANY TIME, WITHOUT NOTICE. THE — USER RECOGNIZES AND EXPRESSLY AGREES THAT THE — USE OF THE WEB SITE INVOLVES RISKS WHICH HE/SHE FULLY ASSUMES. THE — USER AGREES TO INDEMNIFY BYRNESMEDIA, ANY AFFILIATED COMPANIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY CLAIM ARISING IN ANY MANNER WHATSOEVER FROM THE — USE OF THE WEB SITE BY THE — USER INCLUDING POSTING, UPLOADING OR TRANSMITTING INFORMATION OR CONTENT TO THE WEB SITE OR TO ANY FORUM, OR FOLLOWING THE NON-COMPLIANCE OF THE TERMS AND CONDITIONS HEREIN BY THE — USER.
LIMITATION OF LIABILITY – UNDER NO CIRCUMSTANCES SHALL BYRNESMEDIA AND ANY AFFILIATED COMPANIES BE HELD LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING UNDER ANY CIRCUMSTANCES FROM THE — USE OR THE INABILITY TO — USE THE CONTENT OF THE WEB SITE, EVEN IF BYRNESMEDIA OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BYRNESMEDIA’S LIABILITY TO A — USER IN THE EVENT OF DAMAGES, LOSSES OR LEGAL PROCEEDINGS SHALL NOT EXCEED THE AMOUNT PAID BY THE — USER, IF ANY, FOR ACCESSING THE WEB SITE. THE — USER MUST TAKE REASONABLE PRECAUTIONS TO ENSURE THAT HIS/HER COMPUTER IS VIRUS FREE AND THAT HE/SHE RETAINS A BACKUP OF HIS/HER FILES BEFORE ATTEMPTING TO ACCESS AND — USE THE WEB SITE. BYRNESMEDIA POINTS OUT THAT THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FROM TIME TO TIME.
ENTIRE AGREEMENT – The Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, as applicable notwithstanding any conflict of laws provision. All claims and proceedings arising from or related to the Web Site and the Terms, shall be adjudicated solely by a court or by a tribunal of the jurisdiction of Toronto, Province of Ontario, and the parties hereto attorn to the jurisdiction thereof. If any provision of the Terms shall be deemed unlawful, void, or unenforceable, such provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. The Terms constitute the entire agreement between the parties relating to the use of the Web Site and shall not be modified except by Byrnesmedia from time to time as set out above. Byrnesmedia’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be deemed or construed as a waiver of any provision or right.