PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR SITES CAREFULLY.
Whalley-Abbey Media Holdings, Inc. and its related and affiliated companies (“WAM”) welcome you to their family of Sites. By using these Sites, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using these Sites after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use these Sites.
Restrictions on Use of Materials and Copyrights
The contents of our Sites are protected by copyright and trademark laws and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Sites. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained in any of the Sites.
Links
These terms and conditions apply only to the Sites, and not to the Sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other Site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other Site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other Site. You should direct any concerns to that Site’s administrator or webmaster.
Other Sites may link to any of the Sites only through a plain-text link. We must grant permission for any other type of link to the Sites. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.
Submissions
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material (“Submission”), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
Account Registration
In order to access certain features of the Sites you must create an account (“Account”). You must complete the registration process by providing us with current, complete and accurate information. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.
General Guidelines for Use of an Account
You are wholly responsible for any and all activity related to your account. You warrant and represent that all information that you provide to us or through the Sites is accurate, compete and truthful. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. We also reserve the right to terminate or limit your access to the Sites and/or the licenses granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Sites or the rights or use and enjoyment of the Sites by any other person or entity in any manner.
Program Viewing and Transaction Options
WAM may offer a purchase option for certain Programs through other or third-party websites and applications. After purchasing a Program, you may stream the Program an unlimited number of times, unless specified otherwise during the purchase process, and, if offered, you may download the Programfor your personal entertainment purposes.
You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program.
You are solely responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download Programs via third-party websites and applications. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection. WAM does not guarantee that you will be able view any Program uninterrupted or error-free.
Payments
To make a purchase, you must provide a valid payment method. We will apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. We do not retain any information you will provide to third-party payment portals.
ALL PURCHASES ARE FINAL AND NON-REFUNDABLE.
Disclaimer of Liability
Your use and browsing of the Sites are at your own risk. Neither we nor any other party involved in creating, producing, or delivering the Sites shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Sites. Without limiting the foregoing, everything on the Sites is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Sites or your downloading of any materials, data, text, images, video, or audio from the Sites.
We reserve the right to remove any content from the Sites or to restrict access to the Sites for any reason without notice.
Indemnification
You agree to indemnify, defend and hold us and any of our affiliates, and any of our or their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of the Sites.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
Medical disclaimer
Do not rely on the information on the Sites as medical advice or as an alternative to medical advice. If you have a specific question on a medical matter you should always consult your doctor and/or other regulated healthcare professional. You should not disregard professional medical advice or discontinue or change medical and or psychological and psychiatric treatment because of information on the Sites. You participate in an activity shown in any Program at your own risk and peril. Stop immediately and consult a qualified medical practitioner if you are feeling ill or are in any pain.
Notification Procedures
We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.
General
Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Jurisdiction
WAM is a Canadian company with headquarters in Montreal, Quebec, Canada. Consequently, by visiting our Sites you agree that in all matters relating to these Sites you shall be governed by the laws of the province of Quebec or Canada, as applicable, and further, that you submit to the jurisdiction of the courts of the province of Quebec.
You may not use these Sites if law prohibits you from doing so in the country in which you reside.
