Acceptance of Terms and Conditions of Use
These terms and conditions of use for http://bersap.com/ ("Website") and the software application MyMedia ("Application"), available on the iOS App Store, constitute a legal agreement and are entered into by and between you and MyMedia. ("we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, "Terms and Conditions"), govern your access to and use of, the Website and the Application (collectively, "Services"), including any content and functionality offered on, or through, the Services.
By using the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us, and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
We reserve the right in our sole discretion to revise and update the Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use of the Services after such modifications shall constitute your acceptance of them.
The information and material on the Services, and the functionality of the Services, may be changed, withdrawn or terminated at any time in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us.
We reserve the right, as reasonably necessary or convenient, either for our own purposes or to improve the quality of any of the components comprising the Services, to change rules of operation for the technologies therein comprised, system interfaces, utilities, operating and other systems and software, and to implement enhancements, amendments or updates thereto. To minimize the effect of service outages, we will undertake reasonable efforts to schedule times during which the Services will be unavailable to you, due to maintenance.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Services. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to, or through, the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on, or in, the Services.
You are prohibited from attempting to circumvent and from violating the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching any security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting our ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Services, for any purpose, including monitoring or copying any of the material on, or in, the Services; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Services.
You understand and agree that the Services and the entire contents, features and functionality that comprise the Services, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws, including without limitation, copyright, trade-mark, patent, trade secret and any other proprietary rights.
MyMedia's name, and all related names, logos, product and service names, designs, images and slogans, are trade-marks of MyMedia or its licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on, or in, the Services, are the trade-marks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Services for your personal and non-commercial use, and only for lawful purposes and in accordance with these Terms and Conditions. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, in any form or medium whatsoever, except that:
(a) your device and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
(c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by these Terms and Conditions, in respect of your use of such downloads; and
(d) if social media platforms are linked to certain content on, or in, the Services, you may take such actions as the Services and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from the Services, nor to delete or alter any copyright, trade-mark, or other proprietary rights notices from copies of materials from the Services. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you print, copy or download any part of the Services in breach of these Terms and Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Services or to any content on, or in, the Services, and all rights not expressly granted are reserved by us. Any use of the Services that is not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trade-mark, and other intellectual property or other proprietary laws.
We reserve the non-expiring right to use and disclose (for commercial purposes or otherwise) the textual and numerical statistical portion of all data in the Services at any time, to conduct analysis for industry trends.
(c) Include or contain any material that is determined to be exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory, based on race, sex, religion, nationality, disability, sexual orientation, or age or any other such legally prohibited ground, or be otherwise objectionable, such determination to be made in our sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way, by exposing them to inappropriate content or otherwise, or ask for personal information as prohibited under applicable laws, regulations or codes.
(f) Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(g) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(h) Fraudulently represent online advertisement impressions, clicks, conversion or data events, in order to generate revenue, or for any other purpose.
· Take appropriate legal action, including, without limitation, referral to law enforcement or any regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Services.
· Terminate, restrict or suspend your access to all or part of the Services, for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS MYMEDIA. AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN (OR NOT TAKEN) BY MYMEDIA. AND ANY OF THE FOREGOING PARTIES, RELATING TO ANY INVESTIGATIONS BY EITHER MYMEDIA INC. OR SUCH PARTIES, OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party, to monitor the Services or their use. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Although we make reasonable efforts to update the information on, and in, the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on, or in, the Services, is accurate, complete or up to date. Your use of the Services is at your own risk and neither we, nor our subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns, have any responsibility or liability whatsoever, for your use of the Services.
The Services include content provided by third parties, including from third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither us nor our subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns, have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
For your convenience, the Services may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Services. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Services may include links to certain social media features that enable you to link or transmit on your own, or using certain third-party websites, certain content from the Services. You may only use these features when they are provided by us and solely with respect to the content identified by us.
Consent to Electronic Communication
When you visit the Website or use the Services, or send email or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, text messages or by posting notices on, or through, the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and/or signed.
The Services are not intended for use in any jurisdiction where their use is not permitted. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER MYMEDIA INC. NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SERVICES OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER MYMEDIA. NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, REPRESENT OR WARRANT THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR DEVICES, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MYMEDIA. NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF SUCH HARM OR LOSSES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MyMedia., its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services, including, but not limited to, third-party sites, any use of content on, or in, the Services, and products, other than as expressly authorized in these Terms and Conditions.
The Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Manitoba or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to the Services and under these Terms and Conditions will be instituted in the courts of the province of Manitoba, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or these Terms and Conditions, and, where applicable, you also agree to opt out of any class proceedings against us or our licensors.
Severability and Survival
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Any provision of these Terms and Conditions that must survive to fulfill its essential purpose (whether expressly stated as such or not) and any obligation you have to pay fees incurred before termination, will survive the termination of these Terms and Conditions.
The Services are operated by MyMedia.