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Terms and Conditions


Please carefully read the following terms and conditions ("Terms of Use") before using this web site (the "Site") owned by WhatsIn Media ("WIM"). For the purposes of this document, all directors, employees, affiliated businesses, and content providers of WhatsIn Media are collectively referred to as ("WIM").
Indemnity
1.  WIM makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on the Site by any User, Business Association, or Location Listing.
2.  In no event shall WIM be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of this site or any other site you may access while using this site or your use of the Content, even if advised of the possibility of such damages.
3.  You hereby indemnify, defend and hold WIM harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by WIM related to any claim, proceeding, or legal action ensuing from the non-compliance, by you with these Terms of Use. WIM reserves the right to participate in the defence of any such action and to be represented by an attorney of its choice.
Use of the Site
1.  You shall not use the Site in any way that would interfere with its operation nor submit any content to the Site which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other laws. You shall not post, upload, publish, transmit or otherwise distribute on the Site any information or other materials that:
  • could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or fraud;
  • could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral or statutory or any other rights of any person;
  • could infringe the intellectual property rights including without limitation any copyright, trade-mark, or patent, of any person;
  • could be considered as a use of this Site that is contrary to law or electronic etiquette, or which would adversely impact the use of this Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
  • contains any distasteful or offensive material including, but not limited to, material intended for an adult audience;
  • contains: (i) commercial content, including without limitation, advertising, solicitation, offer to sell any goods or services, or (ii) advertising, solicitation, offer to join any organization whatsoever, or (iii) surveys, contests, or chain letters; or
  • encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
2.  WIM reserves the right to remove any information that you post, upload, publish, transmit or distribute or otherwise use on this Site at any time, at its sole discretion and without prior notice.
Copyright
1.  Trademarks and service marks and other WIM logos and product and service names are trademarks of WIM, whose prior written permission is required before you may display or use in any manner any of the Trademarks and service marks outside of this website.
2.  The trademarks and logos used or posted on the Site are trademarks and logos registered or not by WIM or third parties. Nothing on the Site may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on the Site for commercial or advertising purposes or to increase the number of visitors to your site.
3.  All the items on the Site (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to WIM or third parties acting as content providers. Except for certain clearly stated exceptions, no items on the Site must be interpreted as giving you any right whatsoever with regard to the intellectual property of Transcontinental Media or of a third party acting as a content provider.
4.  You may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on the Site (including any software), in whole or in part.
5.  You can download or copy only for your personal use for non-commercial purposes items from the Site provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of WIM or the holder of the copyrights identified in the notice of intellectual property.
Changes
1.  WIM reserves the right to change or remove any Content from this Site, in whole or in part, at its sole discretion, at any time, without notice. WIM reserves the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. To know the posting date of any change appears at the top of this page, please refer to the last update date. Any continued use of this Site will be deemed conclusive of your acceptance of the modified Terms of Use.
Privacy Policy
1.  Your use of this Website is subject to our Privacy Policy. For information on our privacy practices, please see the entire Privacy Policy.
Resolution of Disputes
1.  In the event that a dispute arises between you and WhatsIn Media regarding our Services, please email WhatsIn Media at disputes@whatsin.ca
Miscellaneous
1. Third Party Beneficiaries. Except as otherwise expressly provided for in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Use.
2. Waiver and Severability of Terms. The failure of WIM to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
3. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
4. Section Headings. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.