TERMS OF USE

Ownership of Site; Agreement to Terms of Use

The web sites, www.ofmythandmen.com; and www.digitalprovidencepublications.com are the property of Digital Providence Publications (“DPP”) and its licensors, if any.

These Terms and Conditions of Use (the “Terms of Use”) apply to the Digital Providence Publications’ web sites located at www.ofmythandmen.com; and, www.digitalprovidencepublications.com. For the purposes of the Terms of Use, www.ofmythandmen.com, www.digitalprovidencepublications.com are hereinafter referred collectively as the “Site”.

By using the Site you are deemed to have irrevocably agreed to these Terms of Use. Should you not agree with any of these terms, do not use the Site.

DPP reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, and without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will be deemed irrevocable acceptance of any revisions. These Terms of Use were last updated on May 7, 2012.

Should you comply with these Terms of Use, DPP grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site for the purposes particularized herein.

You agree to and warrant that by using this Site that you have legal capacity to agree to these Terms of Use, thereby affirming that you are of sufficient legal age and/or mental capacity or are otherwise entitled to be legally bound in contract.

In order to use this Site, or any linked sites, you agree and acknowledge that it is your sole responsibility to obtain access to the Internet and pay any service fees associated with that access. You will need to provide all equipment necessary to connect to the Site on the Internet (including but not limited to a computer, tablet, laptop, modem, mobile device or other digital device and/or an internet service provider).

 

Privacy

To better protect your privacy, DPP provides a notice explaining our online information practices. DPP’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. To review our privacy policy, please select the link on this site labelled “DPP - Privacy Policy”.

DPP will take appropriate measures to safeguard against unauthorized disclosures of information to the best of our ability but we cannot assure you that your personal information or identifying information that we collect will never be disclosed in a manner that is inconsistent with our Privacy Policy. In addition, by using this Site you specifically agree to our use of cookies, pixel tags or web beacons.

Additionally, by using the Site, or any linked sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site or any linked sites may be read or intercepted by others, even if the transmission are noted as encrypted.

Moreover, to access the Site, or any linked sites, or some of the resources it may offer, our system servers may be required to collect, use and disclose your data from your computer, tablet, laptop, mobile device or other digital device, (“digital devices”) including but not limited to your device’s IP address. It is a condition of use of this Site, and you agree to ensure that all the details, data or information that you provide are correct, current, and complete. If it is determined that your details or information are not correct, current, or complete, DPP has the right to refuse you access to the Site, or any of their resources, including blocking or suspending your access indefinitely.

Content, Copyright, Trade-marks et al.

All text, graphics, user interfaces, visual interfaces, photographs, trade-marks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is exclusively owned or controlled by DPP, and the Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

In addition, you agree and further acknowledge that the term “Content” includes all literary work, artistic work (including any images, illustrations or photographs) and any dramatic works (including any ‘videos’) identified, contained, referred to or incorporated in the Site and that Content is the exclusive property of DPP, which cannot be used, reproduced, distributed, performed, publicly displayed in any form whatsoever, whole or in part, or made into a derivative work whatsoever, without the permission of DPP or otherwise permitted by law.

Moreover, “Content” includes all words, symbols or designs (or any combination of these) used to distinguish the wares, products and services of DPP as identified on the Site, including those contained in any literary, artistic or dramatic work, which are the exclusive trade-marks of DPP.

“Content” also includes any industrial design (defined as the visual features of shape, configuration, pattern or ornament, - or any combination of these features -as applied to the completed articles) that are identified, contained, referred to or incorporated within any artistic or dramatic work displayed or incorporated on the Site, or in any product, ware or service provided by DPP which are the exclusive property of DPP.

You further agree and acknowledge that the Site and any literary, artistic or dramatic work or other Content incorporated by DPP in the Site are protected by copyrights, patents, trade secrets or other proprietary rights. In addition, many of the characters, logos or other images incorporated by DPP in the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by DPP.

You further agree and acknowledge that Content described as literary, artistic or dramatic work; trade-marks, logos, trade names; industrial designs or any intellectual property that is incorporated on the Site, or in any product, wares, or services provided by DPP are the exclusive property of DPP and continues to remain the exclusive property of DPP regardless if this Content is incorporated on any third party site, or any other web site or linked site which DPP operates and administers but does not exclusively own or control.

 

Permissions and Prohibitions:

You are permitted to use this Site and any literary, artistic or dramatic work or other Content appearing therein for the purposes of viewing the Content only, subject to your compliance with these Terms of Use.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution, without DPP’s express prior written consent. More specifically, any unauthorized exhibition, distribution, modification or copying of the Site or any part thereof, including any literary, artistic or dramatic work or any other Content incorporated in the Site is an infringement of the relevant copyright, trade-mark or other intellectual property rights and unfair competition laws, and will be subject to severe civil and criminal penalties. Any breach or infringement of DPP’ rights will result in a legal action or proceeding for damages and other relief as permitted by law.

You may access the Content displayed on the Site for non-commercial, personal, entertainment use on a single digital device only. The Content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by DPP in writing. Any authorization to copy any literary, artistic or dramatic work or any other Content incorporated on the Site by DPP as granted by DPP in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single digital device only as is necessary to view that Content by way of your digital device and only for that purpose, and is further subject to your responsibility of keeping intact all copyright and other proprietary notices, and/or deleting any Content that may be stored or downloaded into your digital device as a result of using the Site. Using any literary, artistic or dramatic work or other Content incorporated on the Site by DPP on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. DPP reserves the right to bar any such activity.

You agree not to reproduce, sell, resell or otherwise exploit any literary, artistic or dramatic work or any other Content incorporated on the Site by DPP or any resource, or access to any resource, contained on the Site.

 

Prohibitions continued:

All prohibitions as identified within these Terms of Use are to be read and treated in concurrence with each other and or any similar provisions incorporated within these Terms of Use.

You are further prohibited from removing any sponsorship banners or other content inserted by DPP anywhere on the Site, (e.g., on any web space made available for your use).

You agree not to send, create or reply to so called "mail-bombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of the Site or any linked site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Site.

You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or the integrity of the Site. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited.

You may not attempt to gain unauthorized access to any portion or feature of the Site, any linked sites, or any other systems or networks connected to the Site or to any DPP server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site, or any linked sites, or any network connected to the Site, nor breach the security or authentication measures on the Site ,or any linked sits, or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or exploit the Site, or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or identifying information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any linked sites, or DPP’s systems or networks, or any systems or networks connected to the Site or to DPP.

You agree not to use any digital device, device, software or routine to interfere or attempt to interfere with the proper working of the Site, or any linked sites, or any transaction being conducted therein, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to DPP on or through the Site, or any linked sites, or any service offered on or through the Site.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site, or any Content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DPP’s or others.

 

i) Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THE SITE OR ON ANY OTHER LINKED WEB SITES ("FORUMS") ARE NOT NECESSARILY THOSE OF DPP OR CONTENT PROVIDERS.

DPP DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF DPP. DPP MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN DPP's SOLE DISCRETION.

ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT HEREIN.

 

ii) Submissions, Postings and E-mails:

The Site is operated and owned by DPP. Please forward any questions, comments or complaints regarding the Site to: info@digitalprovidencepublications.com

Please forward any questions regarding other legal matters to: legal@digitalprovidencepublications.com

DPP does not accept unsolicited submissions of any kind, including any scripts, treatments, concepts, or any other literary, artistic or dramatic work, in any format, by any means of transmission (including email). Any such submissions will be deleted or discarded at the discretion of DPP. In any event, any material, including but not limited to feedback, questions, comments or submissions, that you send to us shall be deemed non-confidential. DPP shall be free to use such information on an unrestricted basis, subject to further conditions where applicable. (Please refer to ‘User Submitted Content’)

You agree to use the Site and its Content for lawful purposes only.

You are prohibited from storing, distributing or transmitting any unlawful material through the Site. You may not collect or store identifying information regarding other users. Storing, distributing or transmitting unlawful material will expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful.

You understand and agree that all materials publicly posted (other than by DPP) or privately transmitted on or through the Site are the sole responsibility of the sender, not DPP, and that you are responsible for all material you upload, post or otherwise transmit to or through the Site.

When using the Site, you agree not to post or send e-mails or submit to or publish through chat rooms or bulletin boards or any forums on the Site, or any linked sites, or otherwise make available on the Site any content, or act in a way, which in the opinion of DPP is:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light i) any person employed, contracted or associated with DPP, including any actor or model appearing in any artistic or dramatic work associated with “Of Myth and Men:The White Night’, DPP or any ware, service or product (promotional or otherwise) provided by DPP, or any other person using the Site,

(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(d) infringes any intellectual property or other right of DPP and any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

(e) violates any law or may be considered to violate any law;

(f) is a transmission under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(g) advocates or promotes illegal activity;

(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Site;

(j) solicits funds, advertisers or sponsors;

(k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;

(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site or any linked site;

(m) copies any other pages or images on the Site except with appropriate authority;

(n) includes MP3 format files or any other files, unless permitted by DPP;

(o) amounts to a 'pyramid' or similar scheme;

(p) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data);

(q) disobeys any policy or regulations established from time to time regarding use of the Site or any networks or any linked site connected to the Site; or

(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

 

ii) User Submitted Content

Should DPP consider anything that you provide to us and/or intend to contribute to the Site, or DPP’s products, services or wares, you do so as available for our use and free of any obligations to you. By posting or uploading any content to the Site, and/or providing any communication or material to DPP ("User Content"), you automatically and irrevocably:

(a) grant and assign to DPP a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by DPP and/or by any person authorized by DPP, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(c) appoint DPP as your agent with full power to enter into any document and/or do any act DPP may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use;

(e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that DPP shall not be liable for any use or disclosure of such User Content.

You agree to indemnify and hold harmless DPP and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions, representations or warranties, and/or from your placement or transmission of any content onto the Site or DPP’s servers, and/or from any and all use of this Site. This provision is to be read and treated in concurrence with any similar provisions incorporated within these Terms of Use.

 

iii) Third Party Sites

The Site may link you to other sites on the Internet, including but not limited to other social networking sites, social media sites or third party vendors. (“Third Party Sites”). The Third Party Sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the exclusive control of DPP, and you acknowledge that (and regardless of whether or not such sites are or appear to be affiliated in any way with DPP) DPP is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third Party Sites whatsoever. Moreover, the inclusion of such a link to a Third Party Site, if any, does not imply endorsement of any site by DPP or any association/affiliation with that Third Party Sites’ operators or legal owners.

DPP does not warrant the merchantable, commercial quality or fitness for purpose, of any products or services that you may purchase from any Third Party Site that links to the Site, or from DPP. DPP does not endorse any of the merchandise, nor has DPP taken any steps to confirm the accuracy or reliability of any of the information contained in such Third Party Sites. DPP does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that you might be requested to give any Third Party Site, and you irrevocably waive any claim against DPP with respect to such sites.

 

Disclaimer of Warranties:

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

THE SITE, ITS CONTENT, AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, DPP AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF DPP, IF ANY, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DPP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, OR ANY WEB SITES LINKED TO THE SITE, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES  OR CONTAMINATION OR DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS.

DPP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE, OR ANY WEB SITES LINKED TO THE SITE  IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

DPP MAKES NO WARRANTIES THAT YOUR USE OF THE SITE, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND DPP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE, OR ANY WEB SITES LINKED TO THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

DPP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, AND/OR ANY DPP SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, OR ANY WEB SITES LINKED TO THE SITE. YOUR SOLE REMEDY AGAINST DPP FOR DISSATISFACTION WITH THE SITE, OR ANY CONTENT IS TO STOP USING THE SITE, OR ANY WEB SITES LINKED TO THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Any area of the Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service. Some areas of the Site may be subject to additional terms and conditions. Such additional terms will not change or replace these Terms of Use regarding use of the Site, unless otherwise expressly stated.

DPP reserves the right to do any of the following to the Site, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, temporarily or permanently, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

DPP reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

DPP makes no representation that the literary work, artistic work or dramatic work or any other Content in the Site are appropriate or available for use in any jurisdiction or territories. You agree that should you choose to access the Site and the Content contained you do so on your own initiative and at your own risk and it is your responsibility for complying with local laws, if and to the extent local laws are applicable. By using the Site you hereby agree to comply with all applicable laws concerning the transmission of technical data exported from Canada or the country that you reside in.

 

Limitation of Liability and Release of Rights:

DPP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INCLUDING LOSS OF PROFITS OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE, OR ANY WEB SITES LINKED TO THE SITE, OR THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, OR ANY WEB SITES LINKED TO THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF DPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF DPP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Moreover, you agree to and acknowledge that you, or your representatives, agents, successors, officers, directors, assigns, administrators and/or employees, if any, hereby forever release, remise, waive, discharge and relinquish directly to DPP, including its administrators, successors, officers, directors, assigns and or employees, any and all rights and interests you have or may hereinafter have by reason of any matter, cause or thing whatsoever with respect to use of the Site, or any other web sites linked to the Site, or from any other related matter whatsoever, including but not limited to submitting any literary, artistic or dramatic work or other Content. Moreover, you, including your representatives, successors, officers, directors, assigns, administrators and/or employees, if any, hereby release, remise and forever discharge DPP including its administrators, successors, officers, directors, assigns and or employees of and from all manner of actions, proceeding, causes of action, claims or demands against DPP, you had, may now have or may hereinafter have by reason of any matter, cause or thing whatsoever existing up to the present time and without limiting the generality of the foregoing, of and from all claims and demands of every nature, and kind, including but not limited to any and all claims resulting from any negligence, or liability of any kind whatsoever, that may arise out of or relate to use of the Site or any web sites linked to the Site. You further agree not to make any claim or take any proceeding against any other person or corporation who might claim contribution or indemnity under the provisions of the Negligence Act, (R.S.O. 1990) and, or any other applicable law, from the person or persons or corporation discharged by Digital Providence Publications.

 

Indemnity:

YOU AGREE TO INDEMNIFY AND HOLD DPP, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES, AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST DPP BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, OR ANY WEB SITES LINKED TO THE SITE.

 

Violation of The Terms of Use:

In general, DPP may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DPP’s rights or property, or the rights or property of visitors to or users of the Site. DPP reserves the right at all times to disclose any information that DPP deems necessary to comply with any applicable law, regulation, legal process or governmental request. DPP also may disclose your information when DPP determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. (Please refer to DPP-Privacy Policy for additional details).

You agree and acknowledge that DPP may preserve any transmittal or communication by you with DPP through the Site or any service offered on or through the Site and may also disclose such data if required to do so by law or DPP determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of DPP, its employees, users of or visitors to the Site, and the public.

You agree that DPP may, in its sole discretion and without prior notice, terminate your access to the Site or any web site linked to the Site, where permitted, and/or block your future access if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to DPP, for which monetary damages would be inadequate, and you consent to DPP obtaining any injunctive or equitable relief that DPP deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DPP may have at law or in equity.

You further agree that DPP may, in its sole discretion and without prior notice, terminate your access to the Site or any web site or linked site, where permitted, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of this Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

DPP reserves the right to release your details gathered by its servers to system administrators at other sites in order to assist them in resolving security incidents. Moreover, DPP reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any forum. DPP may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. DPP may suspend or block any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If DPP believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, if any, or take other corrective action it deems appropriate, such as contacting the relevant legal authorities.

It may be necessary − by law, court order, litigation, and/or requests from public and governmental authorities for DPP to disclose the identity of anyone posting any e-mails, or publishing or otherwse making available any materials that are believed to violate these Terms of Use.  

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF DPP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF DPP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF DPP OR LAW ENFORCEMENT AUTHORITIES.

If DPP does take any legal action against you as a result of your violation of these Terms of Use, DPP will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DPP. You agree that DPP will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

You agree to and further acknowledge that the aforementioned provisions may apply with respect to any web site or linked site that DPP administers or operates, although it does not exclusively own or control, subject to the terms of use of the third party vendor.

 

Jurisdictional Issues & Dispute Resolution:

The Site inclusive of all literary, artistic or dramatic works incorporated therein and all other Content are presented for the purpose of providing entertainment, information and promoting programs or products.

The jurisdiction and applicable laws governing the Site, its Terms of Use and all related matters are those of the Province of Ontario, Canada.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the Province of Ontario without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in the Province of Ontario, and waive any objection to such jurisdiction or venue. 

In the event of any dispute between DPP and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute within a reasonable time (not to exceed thirty (60) days). If said dispute cannot be resolved, the parties will then submit such dispute to mediation. The parties shall be free to pursue any right or remedy available to them under applicable law if mediation cannot resolve their dispute.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and DPP with regard to your use of the Site, and Content contained therein. Any and all other written or oral agreements or understandings previously existing between you and DPP with respect to such use, if any, are hereby superseded and cancelled. DPP will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. DPP’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by DPP of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between DPP and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Claims of Infringement:

Should you believe that any content appearing on this Site infringes your copyright rights, please email legal@digitalprovidencepublications.com with the following information:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.