TUBES AND COMPANY LIMITED
TUBES AND COMPANY LIMITED
Last Updated: March 13, 2014
IMPORTANT. READ CAREFULLY.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue any of the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of any of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of a Site after such changes have occurred will indicate Your acceptance of such changes.
1.0 Intellectual Property.
The materials accessible on or through the Site, including, without limitation, text, images, photographs, games (including all aspects of such games, such as their virtual environments, if any, avatars available and/or customized within such games, and items and objects available within such games), Widgets (as defined in Section 2.0 below), and the general design of the Sites (collectively, “Materials”) are protected by trade dress, copyright, patent, moral rights, trademark and other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by TUBES AND COMPANY LIMITED and its licensors. Subject to Your compliance with the terms and conditions of this Agreement, and solely for as long as You are expressly permitted by TUBES AND COMPANY LIMITED to access the Site, TUBES AND COMPANY LIMITED hereby grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access, display and use the Site and Materials, solely for Your personal, non-commercial purposes. Except as expressly set forth herein, the Materials may not, except under written license from an authorized representative of TUBES AND COMPANY LIMITED, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever, except to the extent that such use is authorized under Canadian copyright and other relevant laws. You hereby acknowledge and agree that, as between You and TUBES AND COMPANY LIMITED, TUBES AND COMPANY LIMITED owns all right, title and interest in and to the Site and the Materials, and that all rights in and to the Site and the Materials not expressly granted in this Agreement are reserved by TUBES AND COMPANY LIMITED and no additional licenses are granted or implied hereunder.
The trade names, trademarks and service marks owned by TUBES AND COMPANY LIMITED, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of TUBES AND COMPANY LIMITED trade names, trademarks or service marks without TUBES AND COMPANY LIMITED’ express prior written consent. Those trade names, trademarks and service marks that appear on the Site and that are not owned by TUBES AND COMPANY LIMITED, are the property of their respective owners.
Please note that on the Site, You may be able to access or download items such as games, widgets, wallpapers, screensavers, buddy icons, and software created by TUBES AND COMPANY LIMITED (collectively, “Widgets,” which exclude Third Party Applications (as defined in Section 4.0 below)). Subject to Your compliance with the terms and conditions of this Agreement, and solely for as long as You are expressly permitted by TUBES AND COMPANY LIMITED to access the Site and Widgets, We hereby permit You, on a non-exclusive, non-transferable, non-sublicensable, revocable, limited basis, to (a) install such Widgets on a personal computer in Your possession and control, (b) use such Widgets as installed on such computer, and (c) create or embed links to such Widgets on social networking sites operated by third parties (the �Social Networking Site�) (where such linking functionality is made available through or in connection with such Widgets); provided that Your installation and use of such Widgets are solely (i) for Your personal use and for non-commercial purposes and (ii) in accordance with each of the restrictions and limitations set forth in this Agreement. If You fail to comply with any of the terms or conditions set forth in this Agreement, this Agreement (including the foregoing grant of permission to use the Widgets) will automatically terminate, whereupon You will immediately (y) cease using such Widgets; and (z) remove (e.g., by uninstalling and deleting) such Widgets from Your computer and remove from the Social Networking Sites any links to such Widgets that you have created or embedded thereon. You understand and agree that Social Networking Sites are third-party web sites, for which We are neither responsible nor liable. Please see Section 12.0 below for more information on third-party web sites.
Without limiting the generality of Sections 1.0 and 2.0, You shall not (i) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer any Widgets (as a standalone product or in conjunction with other products); (ii) make copies of all or any portion of any Widget, except solely as necessary to install and use such Widgets in accordance with this Agreement; (iii) except where applicable law otherwise permits, modify, translate, reverse engineer, decompile or disassemble the Widgets; (iv) create derivative works of or from the Widgets; (v) incorporate the Widgets into any product or service; (vi) use the Widgets for commercial purposes; and (vii) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in the Widgets.
4.0 Third Party Applications.
5.0 Required Conduct.
TUBES AND COMPANY LIMITED requires that You hereby agree to follow the following basic rules of conduct when using any of the Site:
• You will not post, transmit, or otherwise make available, through or in connection with the Sites:
o Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the owner of such right.
o Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
o Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
o Any material that could disrupt the normal flow of dialogue with an excessive number of messages to the Sites (e.g., a flooding attack), or that could otherwise negatively affect other users' ability to use the Sites.
o Any material non-public information about a company without the proper authorization to do so.
• You will follow the terms and conditions of this Agreement and all applicable laws, rules and regulations, and You will not use any Site for any fraudulent or unlawful purpose;
• You will only provide truthful and accurate information;
• You will not interfere with or interrupt, or attempt to interfere with or interrupt, the operation of the Sites or the servers or networks used to make the Sites available; or violate any requirements, procedures, policies or regulations of such networks;
• You will not impersonate any person or entity, or misrepresent a relationship with any person or entity, including without limitation, misrepresenting a relationship with TUBES AND COMPANY LIMITED;
• You will not use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Sites;
• You will not post, transmit, or otherwise make available, through or in connection with the Sites or email to TUBES AND COMPANY LIMITED any content that contains any viruses, “cancel bots,” “Trojan horses,” “Easter eggs,” “time bombs,” spyware or other harmful code, file or program that is harmful or invasive or that may be or is designed to interrupt, damage, destroy, hijack, limit the operation or functionality of, or monitor the use of, any computer software, hardware or telecommunications equipment;
• You will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Sites or the Materials;
• You will not send, submit or otherwise post any work, idea, creative material, concept or other information on or through the Site;
• You will not search, mine or link any data or information to or through the Site without the prior written consent of a duly authorized representative of TUBES AND COMPANY LIMITED;
• You will not forge header information or otherwise manipulate identifiers in electronic communications to disguise the origin of any such communication sent to the Site;
• You will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Sites or any of the software used to provide the Site;
• You will not request, obtain, collect, store or modify personally identifiable information about other users or visitors to the Site;
• You will not restrict or inhibit any other person from using any Site (including by hacking or defacing any portion of a Site);
• You will not use any Site to advertise or offer to sell or buy any goods or services without TUBES AND COMPANY LIMITED’ express prior written consent;
• You will not remove any copyright, trademark or other proprietary rights notices from the Sites or materials originating from the Site;
• You will not frame or mirror any part of a Site without TUBES AND COMPANY LIMITED’ express prior written consent;
• You will not create a database by systematically downloading and storing all or any of the Sites’ content; and
• You will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Sites, without TUBES AND COMPANY LIMITED’ express prior written consent.
If You violate any of the guidelines set forth above, or any other aspect of this Agreement, without limiting TUBES AND COMPANY LIMITED’ other rights and remedies, TUBES AND COMPANY LIMITED may immediately suspend or terminate this Agreement and/or Your limited right to enter, display and use any or all of the Sites and/or use any Widgets, without giving You any notice. TUBES AND COMPANY LIMITED reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TUBES AND COMPANY LIMITED may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
You are solely responsible for any violation of laws, rules or regulations that results from Your failure to abide by the terms of this Agreement.
6.0 Passwords and Security.
You may choose or be given a user name and password to use in connection with the Site. With respect to any such user name that You choose, TUBES AND COMPANY LIMITED may refuse to grant You, and You may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; that contains or appears to contain personally identifiable information; or that We reject for any other reason in Our sole discretion.
You agree that You will not share Your user name or password with any other person, and it is Your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, You are solely responsible for any and all activities that occur under Your account, and hereby authorize TUBES AND COMPANY LIMITED to assume that any activity conducted on a Site using Your user name and password was conducted by You. You shall immediately notify TUBES AND COMPANY LIMITED in writing of any unauthorized use of Your account or any other breach of security. TUBES AND COMPANY LIMITED reserves the right to monitor Your account and shall have the right at any time, with or without prior notice to You, to require You to change Your user name or password for any or no reason.
7.0 User Postings.
TUBES AND COMPANY LIMITED and/or Our third party service provider(s) may make available through the Sites services (for example, message boards, profile functionality, chat functionality and blogs, among other services) to which, subject to Section 8.0 below and subject to the other terms and conditions hereof, You are able to post information and materials. For any permitted information and/or materials You submit through such services, or otherwise to a Site (each, a “Posting”), You grant to TUBES AND COMPANY LIMITED and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You: (a) to use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform and digitally perform such Posting, in any media now known or hereafter developed, for TUBES AND COMPANY LIMITED’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Posting, You represent and warrant that You have all rights necessary for You to grant the licenses granted in this section, and that such Posting, and Your provision thereof to and through a Site, complies with all applicable laws, rules and regulations. No Posting shall be subject to any obligation of confidentiality of TUBES AND COMPANY LIMITED and TUBES AND COMPANY LIMITED shall not be liable for use or disclosure of any Posting.
You acknowledge and agree that: (a) TUBES AND COMPANY LIMITED reserves the right (but has no obligation) to evaluate each Posting before allowing it to be posted on a Site; and (b) We may do one or all of the following, at Our discretion: (i) monitor Postings; (ii) alter, remove, or refuse to post or allow to be posted any Posting; and/or (iii) disclose any Postings, and the circumstances surrounding their transmission, to any third party (v) in order to operate the Sites; (w) to protect the TUBES AND COMPANY LIMITED Entities, and the Sites’ users and visitors; (x) to comply with legal obligations or governmental requests; (y) to enforce this Agreement; or (z) for any other reason or purpose.
Information on the Sites may be provided both by TUBES AND COMPANY LIMITED and by third party visitors to the Sites. Please note that Site visitors may post messages or make statements on the Sites that are inaccurate, misleading or deceptive. TUBES AND COMPANY LIMITED neither endorses nor is responsible for any opinion, advice, information or statements made on the Sites by third parties, including, but not limited to, Site visitors. Without limitation, TUBES AND COMPANY LIMITED is not responsible for any information or materials made available through any Site (including, without limitation, errors or omissions in Postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will the TUBES AND COMPANY LIMITED Entities be liable to You or any third party claiming through You for any loss or damage caused by Your reliance on such information or materials. The opinions expressed on the Sites reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of TUBES AND COMPANY LIMITED.
In addition, TUBES AND COMPANY LIMITED has no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public through any part of the Sites. If You choose to make any of Your personally identifiable or other information publicly available on the Site, You do so at Your own risk.
8.0 Unsolicited Submissions.
TUBES AND COMPANY LIMITED does not accept unsolicited submissions of any work, idea, creative material, concept or other information, and TUBES AND COMPANY LIMITED assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept or other information submitted by You. In the event that You submit any work, idea, creative material, concept, or other information to TUBES AND COMPANY LIMITED in violation of the previous sentence (each, an “Unsolicited Submission”), You hereby grant to TUBES AND COMPANY LIMITED (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import, use and/or exploit in any way Your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to You or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall be subject TUBES AND COMPANY LIMITED to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and TUBES AND COMPANY LIMITED shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission. You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by You. You hereby release the TUBES AND COMPANY LIMITED Entities, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known or unknown, that may exist or arise relating to, arising out of, or in connection with any Unsolicited Submission and/or TUBES AND COMPANY LIMITED’ or any other TUBES AND COMPANY LIMITED Entity’s use or disclosure of the Unsolicited Submission.
Descriptions and images of, and references to, products or services on the Sites do not imply TUBES AND COMPANY LIMITED’ endorsement of such products or services. TUBES AND COMPANY LIMITED reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Sites are subject to change without notice. Refunds and exchanges will be subject to TUBES AND COMPANY LIMITED’ refund and exchange policies then in effect.
To the extent that You conduct any purchase or other transaction through a third party site and not through a Site itself (for example, the purchase of a ticket through a third party site that is linked from a Site, the purchase of a DVD through Amazon, the purchase of content through iTunes), such transaction will be subject to the terms and conditions of use applicable to such third party site. Please see Section 12.0 below for more information on third party sites.
11.0 Rules for Promotions and Sweepstakes.
12.0 Links to Other Sites.
TUBES AND COMPANY LIMITED may provide links from or to other web sites maintained by third parties (e.g., Facebook, iTunes and Amazon). TUBES AND COMPANY LIMITED has not reviewed or endorsed these linked web sites, and You hereby acknowledge and agree that TUBES AND COMPANY LIMITED shall not be responsible for the content, products or services offered on such web sites. To the extent applicable, You are responsible for compliance with all applicable laws regarding content, products or services obtained from the Sites or any linked web sites. You acknowledge and agree that TUBES AND COMPANY LIMITED does not endorse or control such web sites, and TUBES AND COMPANY LIMITED is not and shall not be responsible or liable for any links from those web sites to a Site, any content, products or other materials available on or through such other web sites, or any loss or damages incurred in connection with such content, products, materials or web sites.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEB SITES AND RESOURCES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS OF USE.
Other web sites may provide links to the Site with or without Our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to any Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. TUBES AND COMPANY LIMITED shall have the right, at any time and in its sole discretion, to block links to any Site through technological or other means without prior notice.
13.0 Forward-Looking Statements.
Certain statements and information on the Site contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements include, without limitation, TUBES AND COMPANY LIMITED’ plans, prospects and strategies as well as TUBES AND COMPANY LIMITED’ beliefs and expectations concerning performance of its current and future film releases (certain of such statements are identified by use of words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “estimate” and variations of such words and similar expressions). These statements are based on current expectations, estimates, forecasts and projections about the industry in which TUBES AND COMPANY LIMITED operates, and beliefs and assumptions made by TUBES AND COMPANY LIMITED management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions which are difficult to predict. Actual results may vary materially from those expressed or implied by any forward-looking statements contained on the Site due to changes in economic, business, competitive, technological and/or regulatory factors, and other risks and uncertainties affecting the operation of TUBES AND COMPANY LIMITED’ business. These risks and uncertainties include, without limitation: audience acceptance of TUBES AND COMPANY LIMITED films, TUBES AND COMPANY LIMITED dependence on the success of a limited number of releases each year, the increasing cost of producing and marketing feature films, piracy of motion pictures, the effect of rapid technological change or alternative forms of entertainment, and TUBES AND COMPANY LIMITED need to protect its proprietary technology and enhance or develop new technology. In addition, due to the uncertainties involved in the development and production of animated feature films, the release dates for the films described on the Site may be delayed.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT TUBES AND COMPANY LIMITED ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP-TO-DATE OR THAT THE SITES CONTAIN ALL THE RELEVANT INFORMATION AVAILABLE ABOUT TUBES AND COMPANY LIMITED. TUBES AND COMPANY LIMITED provides You with the ability to submit information through the Careers section of certain Site (if offered) to apply for employment. By permitting You to use the Site or email information to TUBES AND COMPANY LIMITED, TUBES AND COMPANY LIMITED makes no guarantee or promise that You will be granted an interview or achieve job placement, that any employment or position is available, or that You will be placed in a job of Your preference.
TUBES AND COMPANY LIMITED provides equal opportunities to all employees and applicants without regard to race, color, religion, age, ancestry, gender, sexual orientation, national origin, physical or mental disability, veteran status, marital status, or any other characteristic protected by applicable law.
14.0 Portfolio/Reel Submissions Specifically Requested by TUBES AND COMPANY LIMITED.
TUBES AND COMPANY LIMITED may specifically request that You submit Your portfolio, reel, or other work (each, a “Portfolio”) for consideration of Your employment. In the event that You submit Your Portfolio as requested, You hereby acknowledge and agree that You will not receive any compensation for submitting Your Portfolio; that You are submitting the Portfolio voluntarily (and not in confidence or trust); that no confidential or fiduciary relationship is intended or created by reason of the submission of the Portfolio or otherwise; and that the Portfolio (and any individual element in the Portfolio) may be identical or similar to material that is or may be in development at TUBES AND COMPANY LIMITED. You agree that You understand that the purpose of this policy and these terms is to avoid the possibility of future misunderstandings or disputes when projects developed independently by TUBES AND COMPANY LIMITED might appear to be similar to others’ creative works.
Nothing herein, or in the submission of the Portfolio, shall place TUBES AND COMPANY LIMITED in any different position from any other member of the public with respect to the Portfolio. Accordingly, any part of the Portfolio that could be freely used by a member of the public may be used by TUBES AND COMPANY LIMITED without liability to You or any third-party claiming rights from or through You. You hereby acknowledge and agree that TUBES AND COMPANY LIMITED’ use of material identical or similar to the Portfolio, or containing features or elements identical or similar to those contained in the Portfolio, shall not obligate TUBES AND COMPANY LIMITED to negotiate with You, nor entitle You to any compensation or other entitlement, if TUBES AND COMPANY LIMITED determines, in its sole and absolute discretion, that TUBES AND COMPANY LIMITED has an independent legal right to use such other material (for example, because such features or elements were not new or novel, were not originated by You, or were or may hereafter be independently created by or submitted to TUBES AND COMPANY LIMITED).
Without limiting the foregoing, You hereby release the TUBES AND COMPANY LIMITED Entities, to the maximum extent allowable by law, of and from any and all claims, losses, damages, costs, demands, liabilities, fees, penalties and other expenses of every kind whatsoever, known or unknown, that may exist or arise in relation to or in connection with the Portfolio by reason of any claim now or hereafter made by or through You or on Your behalf (even though You realize that such claim might be based on facts or circumstances not now known or suspected by You to exist, which if known or suspected, would have materially affected TUBES AND COMPANY LIMITED decision to read or consider the Portfolio).
TUBES AND COMPANY LIMITED has no obligation to read or consider the Portfolio or to return the Portfolio to You. You assume full responsibility for any loss of the Portfolio for any reason while in TUBES AND COMPANY LIMITED’ possession or otherwise.
15.0 No Representations and Warranties.
THE SITE AND THE MATERIALS ARE PROVIDED TO YOU “AS-IS” WITHOUT ANY (AND THE TUBES AND COMPANY LIMITED ENTITIES HEREBY DISCLAIM ANY) REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR OWN RISK. ALTHOUGH TUBES AND COMPANY LIMITED STRIVES TO KEEP THE SITE AND THE MATERIALS UP-TO-DATE, THEY MAY CONTAIN INACCURATE, INCOMPLETE, OR OUT-OF-DATE INFORMATION. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR ANY MATERIALS, IN WHOLE OR IN PART, WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR ANY MATERIALS (IN WHOLE OR IN PART), AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING, WITHOUT LIMITATION, INTERNET CONNECTIVITY) NEEDED TO USE THE SITE AND ANY MATERIALS (IN WHOLE OR IN PART) AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND ANY MATERIALS (IN WHOLE OR IN PART). TUBES AND COMPANY LIMITED ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE SITE OR IN THE MATERIALS, AND MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS SHALL BE TO DISCONTINUE USING THE SITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT TUBES AND COMPANY LIMITED SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND RELATED TO, ARISING OUT OF OR IN CONNECTION WITH THE SITES OR THE MATERIALS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIALS.
16.0 Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY RELEASE THE TUBES AND COMPANY LIMITED ENTITIES OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF TUBES AND COMPANY LIMITED IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF (OR INABILITY TO USE) ANY OF THE SITE OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
IN NO EVENT SHALL TUBES AND COMPANY LIMITED’ TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, AND/OR THE MATERIALS, EXCEED FIVE CANADIAN DOLLARS (CAN $5.00).
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THE SITE AND AGREE TO INDEMNIFY, DEFEND AND HOLD THE TUBES AND COMPANY LIMITED ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES AND COSTS AND CLAIMS FOR INTEREST) THAT THEY MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY OF THE SITE OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
18.0 Governing Law.
The laws of the Province of Ontario, Canada without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any use of the Site or the Materials. You and TUBES AND COMPANY LIMITED hereby expressly and irrevocably consent to the exclusive personal jurisdiction and venue of Toronto, Ontario for any claim arising out of, related to, or in connection with this Agreement, the Site or the Materials.
19.0 Jurisdictional Issues.
The Sites are controlled and operated by TUBES AND COMPANY LIMITED from the Canada, and are not intended to subject TUBES AND COMPANY LIMITED to the laws or jurisdiction of any province, country or territory other than those of the Canada. TUBES AND COMPANY LIMITED does not represent or warrant that the Sites or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. You are also subject to Canadian export controls and are responsible for any violations of such controls, including, without limitation, any Canadian embargoes or other federal rules and regulations restricting exports. We may limit the Sites’ availability, in whole or in part, to any person, geographic area or jurisdiction We choose, at any time and in Our sole discretion.
This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, TUBES AND COMPANY LIMITED shall add as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provisions as may be possible to be valid and enforceable.
21.0 No Injunctive Relief.
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to TUBES AND COMPANY LIMITED’ or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and Your exclusive remedy in connection therewith shall be an action for damages.
22.0 Independent Contractors.
You and TUBES AND COMPANY LIMITED are independent contractors and are not and shall not be deemed to be the legal representative or agent of the other for any purpose whatsoever, and neither You nor TUBES AND COMPANY LIMITED is authorized by the other to transact business, incur obligations (either express or implied), bill goods, or otherwise act in any manner, in the name or on behalf of the other, or to make any representation, warranty, guarantee or other promise in the name or on behalf of the other, except as expressly permitted in this Agreement.
23.0 Entire Agreement.
This Agreement constitutes the entire agreement by and between You and TUBES AND COMPANY LIMITED pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of You and TUBES AND COMPANY LIMITED. This Agreement may not be amended, nor any obligation waived, other than expressly in writing by TUBES AND COMPANY LIMITED. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof.
This Agreement can be terminated at any time by TUBES AND COMPANY LIMITED for any or no reason whatsoever with or without prior notice to You. In the event that TUBES AND COMPANY LIMITED terminates this Agreement, Your limited rights hereunder, including to enter, display and use the Site and the Materials, shall immediately terminate, and TUBES AND COMPANY LIMITED may immediately deactivate or delete Your password and user name (if any), and all related information and files associated with them, and/or bar any further access to such information or files. You agree that TUBES AND COMPANY LIMITED shall not be liable to You or any third party for any termination of Your access to the Sites or to any such information or files, and shall not be required to make such information or files available to You after any such termination. Sections 1.0, 3.0, 4.0, 7.0, 8.0, 12.0-26.0, shall survive any expiration or termination hereof.
TUBES AND COMPANY LIMITED hereby notifies You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that TUBES AND COMPANY LIMITED does not endorse any of the products or services listed at such web sites.
26.0 Contact Us.
If You have any questions about this Agreement, the Sites, or the Materials, please: (1) email TUBES AND COMPANY LIMITED at firstname.lastname@example.org; or (2) please refer to CONTACT page for additional contact resources.