TweetMarch 16, 2009
MotoringTv.com WEB SITE USE AGREEMENT
This version in effect since May 24th, 2008
WELCOME TO MotoringTv.com.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE MotoringTv.com WEBSITE. IT EXEMPTS MotoringTv AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
This Agreement contains the following provisions
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors
6. Trade-mark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
9. Unsolicited Submissions
10. Your Information
11. Disclaimers, Liability Exclusions/Limitations and Indemnity
12. Personal Information Privacy
13. Other Sites/Resources
15. Governing Law and Dispute Resolution
16. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and MotoringTv. ("MotoringTv ") regarding your access to and use of MotoringTv.com website and all content, information, products and services available on or through the website (collectively, the "Website"). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
3. CHANGES TO THIS AGREEMENT
MotoringTv may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of MotoringTv and others, and is protected by Canadian and international copyright, trademark and other laws.
Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of MotoringTv. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
5. MISPRINTS AND ERRORS
MotoringTv endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur.
MotoringTv does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
MotoringTv reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available
for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
6. TRADE-MARK INFORMATION
MotoringTv, MotoringTv.com logo, and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by MotoringTv or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Marks.
7. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of MotoringTv are strictly prohibited. To request permission to link to the Website, please send an email to firstname.lastname@example.org. MotoringTv may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
From time to time MotoringTv may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
9. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, MotoringTv does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to MotoringTv or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to MotoringTv and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of MotoringTv or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights
in the Submissions are waived in favor of MotoringTv and its successors, assigns and licensees.
10. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), and transaction-related information, must be true, accurate, current and complete. MotoringTv will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, MotoringTv or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information within 30 days of any change.
11. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY MOTORINGTV TO THE FULLEST EXTENT PERMITTED BY LAW.
MOTORINGTV AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR
WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY MOTORINGTV OR ANY PERSON FOR WHOM MOTORINGTV IS RESPONSIBLE, AND EVEN IF MOTORINGTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
12. PERSONAL INFORMATION PRIVACY
MotoringTv collects, uses and discloses personal information in accordance with the Privacy Act. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by MotoringTv in accordance with the Privacy Act.
13. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from MotoringTv, and MotoringTv has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. MotoringTv does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against MotoringTv arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and MotoringTv, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, MotoringTv may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. MotoringTv may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and MotoringTv will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising there from.
15. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada. Any dispute between you and MotoringTv or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of Ontario, sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
16. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement inures to the benefit of and is binding upon each of MotoringTv and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. MotoringTv may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to MotoringTv.
You may contact MotoringTv by telephone, email, or postal mail:
MotoringTv c/o Bradford Productions Ltd.
124 Logan Ave.
Toronto, Ontario Canada
M4M 2M8 (416) 462-1504
Your Express Consent
In other cases, we will ask you to give your express consent to use your personal information to advise you of products or services that may be of interest. You always have the opportunity to "opt out" of having your information used for this purpose. For example, when you subscribe to the MotoringTv newsletter, we assume you have expressed consent that we may send you promotional information.
Withdrawing Your Consent
If you have "opted in" or subscribed to one of our newsletters or mailing lists, we will always provide you the opportunity to "opt out" or unsubscribe. For example, each e-mail we send you will tell you how to decline further e-mail.
Information MotoringTv Collects from You
Listed here are some examples of the ways that we collect information about you and how we use it.
Our Web Sites
While using our Web Sites, you may be asked to voluntarily provide certain personal information (such as your name and email address). We use this information to complete your transaction and to apply for access to certain special features and functions of the Web Sites. If you choose not to provide requested personal information, you will not be able to use certain features of the Web Sites. With any of the services on our Web Sites, we may also use your personal information to contact and correspond with you and to respond to your inquiries. With your consent, we may send to you, from time to time, email or other communications regarding goods or services we believe will interest you.
Sign-Up for Newsletters or Updates
MotoringTv also offers a variety of newsletters. You can choose to subscribe by visiting our Web Sites or when shopping in our stores. To enroll, we will collect your contact information (such as name and e-mail address). This information will only be used to send you the newsletter.
Participate in a Contest, Promotion, or Survey
From time to time, we may run contests, promotions, or surveys. If you participate, you may be asked for contact information as well as additional optional survey information. Information from contest entries will be used to contact you if you win. We may also summarize survey information in a manner that no longer identifies the contest entrants for analysis, but will not share personal information from entries. All contests are subject to rules that will be available with each particular contest.
Information MotoringTV.com Collects Automatically
Like many other Web sites, we automatically collect certain non-personal information regarding Web site users that does not identify you. Examples include the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Web Site, the Internet address of the Web site from which you linked directly to the Web Site, the operating system you are using, the sections of the Web Site you visit, the Web Site pages read and images viewed, and the content you download from the Web Site.
This non-personal information is used for Web Site and system administration purposes and to improve the Web Site.
We may use non-personal information to compile tracking information reports regarding Web Site user demographics, Web Site traffic patterns, and Web Site purchases, and then provide those reports to advertisers and others. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. We may also link tracking information with personal information voluntarily provided by Web Site users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.
Links to Other Web Sites
Our Web Site may contain links to other Web sites or Internet resources. When you click on one of those links you are contacting another Web site or Internet resource. MotoringTv has no responsibility or liability for or control over those other Web sites or Internet resources or their collection, use and disclosure of your personal information.
We encourage you to read the privacy policies of those other sites to learn how they collect and use information about you.
Does MotoringTv Disclose the Information it Collects?
MotoringTv does not sell your personal information. However we may share your information as permitted or required by law.
MotoringTv may disclose your information as permitted or required to by law; for example:
• to a government institution or other person or entity that has asserted its lawful authority to obtain the information;
• where we have reasonable grounds to believe the information could be useful in the investigation of unlawful activity;
• to comply with a subpoena or warrant or an order made by a court, person or entity with jurisdiction to compel the production of information;
• to comply with court rules regarding the production of records and information; and
• to our legal counsel.
How does MotoringTv Protect My Information?
The security of your personal information is a high priority for MotoringTv. We maintain appropriate safeguards and current security standards to protect your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse.
Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such unfortunate occurrences.
To accommodate changes this Policy may change over time. We may add, change, or remove portions of this Policy when we feel it is appropriate to do so. Whenever we update this Policy we will change the date on the Policy to indicate when the changes were made.