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website (the "Website") is published and maintained by Casablanca
Media Acquisitions Inc., its subsidiaries, affiliates and/or related
entities ("Casablanca"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. When you access, browse or otherwise use this Website, you accept, without limitation or qualification, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do NOT use this Website. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Your continued use of this Web Site following the posting of changes to the terms and conditions will mean that you accept those changes. Your Right To Use The Website This Website is copyright protected and is only for your personal use. Any material, including without limitation, text, images, graphics, sound files, animation, video and/or their arrangement on this Website (the "material") are all subject to intellectual property right protection and such material may not be copied, distributed, republished, uploaded, posted or transmitted in any way for any business, commercial or public purposes whatsoever, other than your personal non-commercial home use, without the prior written consent of Casablanca. You may download one (1) copy of the material to be used only by you for your personal use at home, subject to the terms set forth herein, unless the subsite you are accessing states that you may not. Modification or use of the materials for any other purposes violates Casablanca’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website, but remain with Casablanca, or its licensors, who own full and complete title to the material in this Website as well as all intellectual property rights therein. All trademarks and logos are owned by Casablanca or its licensors and you may not copy or use them in any manner whatsoever. If you download any material from this Website, you may not remove any copyright or trademark notices or other notices that go with it. This Website is controlled and operated by Casablanca from its offices within the Province of Ontario, in the Country of Canada. Casablanca makes no representation that any material in the site is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Submissions We are pleased to hear from our users and welcome your comments regarding this Website and Casablanca’s products and services. It is our policy, however, not to accept or consider any creative ideas, suggestions or materials unless specifically requested by us. Any remarks, suggestions, ideas, graphics or other information communicated to Casablanca through or by reason of this Website (collectively the "Submission") requested by us (e.g., posting to chat areas, boards, or contests) or sent to us despite our policy not to accept such Submissions, shall be deemed and shall forever be the property of Casablanca. Casablanca will not be required to treat any Submissions as confidential and will not be liable for any ideas for its business (including without limitation, product, manufacturing or advertising ideas) and will not incur liability as a result of any similarities to Submissions that may appear in future Casablanca operations. Without limitation of the foregoing, Casablanca shall exclusively own all now known or hereafter existing rights of every kind and nature in and to the Submissions throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, whether commercial or otherwise, without compensation to the providers of the Submissions. Transmitted Material Any material you send to this Website may be read or intercepted by others unless there is a special notice from Casablanca that a particular message is encrypted (eg. credit card information). Sending a message or material to this Website will not cause Casablanca to have any special responsibility to you. Links This Website may contain links to other website on the World Wide Web. These links are provided to you by Casablanca for your convenience only and are beyond our control. For example, if you "click" on a banner advertisement or search result, the "click" may take you off the Website and outside of our service. Casablanca is not responsible for the material of any website linked to or from this Website. Links from this Website to any other website do not mean that Casablanca approves of, endorses or recommends that website. Casablanca disclaims all warranties, express or implied, as to the accuracy, reliability or validity of any content on any other website and cannot be held responsible for the legality, copyright compliance or decency of material contained in such websites. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. We reserve the right to disable links from third party websites to any Casablanca Website. E-Mail and Postings Received Do not post any threatening or libelous e-mails or material on this site that would be considered a violation of any law. Casablanca will fully co-operate with any law enforcement authorities or court order requesting or directing Casablanca to disclose the identity of anyone posting any such e-mails or materials. Store Some Casablanca Websites may offer an online order form to purchase product from our store only to individuals who can form legally binding contracts under applicable law ("purchase orders"). Without limitation, purchase orders are not available to minors or to temporarily or indefinitely suspended Casablanca Website users. Disclaimer THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, CASABLANCA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CASABLANCA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY CASABLANCA WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CASABLANCA WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CASABLANCA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE MATERIALS ON ANY CASABLANCA WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT CASABLANCA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION INCURRED BY YOU FROM THE USE OF ANY CASABLANCA WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CASABLANCA’S NEGLIGENCE, SHALL CASABLANCA BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (1) THE USE OF, (2) THE INABILITY TO USE OR (3) ERRORS OR OMISSIONS IN THE MATERIAL AND FUNCTION OF THIS WEBSITE, EVEN IF CASABLANCA OR AN AUTHORIZED REPRESENTATIVE OF CASABLANCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CASABLANCA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Termination These terms and conditions are effective until terminated by either Casablanca or you. You may terminate these terms at any time by discontinuing use of all Casablanca Websites and destroying all materials obtained from any and all such Websites and all related documentation and all copies and installations thereof, whether made under the terms of these terms and conditions or otherwise. Your access to any Casablanca Website may be terminated immediately without notice from Casablanca if in our sole discretion you fail to comply with any term or provision of these terms and conditions. Upon termination you must cease use of all Casablanca Websites and destroy all materials obtained from such Websites and all copies thereof, whether made under the terms of these terms and conditions or otherwise. Miscellaneous These terms and conditions shall be governed and interpreted pursuant to the laws of the Province of Ontario inside the Country of Canada, and all federal laws applicable therein, notwithstanding any principle of conflict of laws. If any provision of these terms and conditions are determined to be invalid, illegal or unenforceable, such provision shall be severed from the rest of the terms and conditions and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section Headings are for convenience only and shall not be used to interpret or construe these terms and conditions. In these terms and conditions, the plural number shall be deemed to include the singular number and vice versa as the context requires, and words importing gender shall be construed as the context requires. No waiver of any provision of these terms and conditions or any default hereunder shall affect Casablanca's right thereafter to enforce such provision or to exercise any right or remedy in the event of any default whether or not similar. Casablanca can revise these terms and conditions at any time by updating this posting. These terms and conditions and any additional terms and conditions posted on this Website together constitute the entire agreement between Casablanca and you with respect to your use of this Website and shall not be modified except in writing signed by both parties. |
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