Website Terms of Use
Last revised December 1st, 2020
NOTICE TO USER—PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This web site (“Site“) is provided by Adcession Media Inc. (“Adcession“) provides full service digital compliance agency and data monetization (together with the Site, the “Services”). The Site may provide information about our Services and allow you to access certain information related to your use of our Services subject to these terms and conditions of use as amended from time to time (the “Terms“).
By using the Services, you are signify that you have read, fully understand and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations as they may change from time to time.
To use the Services, you must be able to form legally binding contracts, and may be required to agree to additional terms or agreements that apply to the particular Services you request. In the event of any conflict between these Terms, and the terms or agreement that governs a particular Service, such as a loan agreement, the provisions of such terms or agreement that apply to the particular Service will govern to the extent of the conflict.
IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS YOU MUST REFRAIN FROM USING THIS SITE AND THE SERVICES.
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.
1. Intellectual Property Rights
ADCESSION GRANTS YOU A LIMITED LICENSE TO MAKE PERSONAL USE ONLY OF THE SITE. Adcession owns or licenses the rights in and to the Site, all underlying software, HTML and other source code, the Site templates, introductory pages, covers and dividers including, but not limited to all copyrights, trademarks, trade secrets, patents and all other intellectual property rights thereto. Except as otherwise specifically provided in these Terms, you may not download or save a copy of the Site or any portion thereof for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed. Adcession reserves all other rights not expressly granted herein.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Adcession or other third party individuals or entities. Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by Adcession are the property of their respective owners, and, where used by Adcession are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Site or any component of the Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Move’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.
2. User Conduct
You acknowledge and agree that any content you view on the Site is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content and that you may not rely on any such content. You must abide by all additional copyright notices or other restrictions contained on the Site. If you should violate any of the Terms of this Agreement, your right to use this Site may be discontinued without notice to you.
You agree that you shall not use the Site to:
Further, you agree that you shall not engage in prohibited or unauthorized use of the Site or misuse of any information on the Site.
3. Linked Sites and Electronic Transmissions
You may be able to link to third parties’ web sites (“Linked Sites“) from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Adcession and Adcession is not responsible for the content or any other materials of such Linked Sites or any additional links contained therein. It is your sole responsibility to comply with the appropriate terms of service and any other obligation of the Linked Site. Prior permission must be granted by us for any type of link to the Site.
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees (defined below) do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Services, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). Subject to applicable law and our Privacy Policy, in no event will the information you provide on or through the Services, other than personal information, be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.
4. Errors
Without limiting any other provision(s) of these Terms, you acknowledge and agree that Adcession has no obligation whatsoever under these Terms or otherwise to correct any defects or errors in the Site or Services, or any component of the Services, regardless of whether you inform Adcession of such defects or errors or Adcession otherwise is, or becomes aware of, such defects or errors.
5. Disclaimer Of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, THE SERVICES, AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE, AND/OR THE CONTENT ON THE SITE, WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF ADCESSION. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT ADCESSION HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ADCESSION. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. Limitation Of Liability
IN NO EVENT WILL ADCESSION, ITS OFFICERS, DIRETORS OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS, INABILITY TO ACCESS OR USE OF THE SITE OR FOR ANY INJURY TO YOUR COMPUTER OR DEVICE, INCLUSIVE OF VIRUSES, OR FOR ANY OMMISSIONS, INACCURCIES, DELETIONS OR ALTERATIONS ON THE SITE OR OF CONTENT, ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION OF CONTENT, DEFECT, THEFT, DESTRUCTION OR OUT OF INFECTION BY VIRUSES OR ANY OTHER DESTRUCTIVE PROPERTIES OR INTERRUPTIONS OR ERRORS ON THE SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Indemnification
You agree to defend, indemnify and hold Adcession, its officers, directors, agents and employees (the “Releasees”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services. Adcession reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Adcession in asserting any available defense.
8. Children
Our Site and Services are not intended for persons under the age of majority where they reside.
9. Accuracy and Changes
Changes may be made at any time to the information at this Site without prior notice. Unfortunately, there may be inadvertent errors on the Site from time to time. Please consult Adcession for complete and up-to-date information on products and services.
10. Applicable Laws / Jurisdiction
For users who are not individuals residing in the province of Quebec, you agree that the laws of the province of Ontario and the federal laws of Canada applicable therein, shall govern these Terms, without respect to their principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Toronto in the province of Ontario in all disputes arising out of your use of the Site, the Services and any claim involving Adcession or its employees, contractors, officers, directors, telecommunication providers and content providers.
For users who are individuals residing in the province of Quebec, you agree that the laws of the province of Quebec and the federal laws of Canada applicable therein, shall govern these Terms, without respect to their principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Montreal in the province of Quebec in all disputes arising out of your use of the Site, the Services and any claim involving Adcession or its employees, contractors, officers, directors, telecommunication providers and content providers.
Adcession makes no representation that the material available on the Site is appropriate or available for use in other jurisdictions.
11. Privacy. Without limiting the generality of these Terms, your use of the Site and Services is also subject to the terms of our Privacy Policy. Please carefully review our Privacy Policy. By using the Site, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.
12. Amendments to these Terms
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms were last revised. In addition, if you have registered for an Account, where required by law or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. As required by law, or at our discretion, the notice will set out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this agreement rather than accept the change. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Site after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of these Terms, as revised.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site or Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
13. Termination of these Terms, the Site, or the Services
If you breach any provision of these Terms you may no longer use the Site or Services. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site and/or Services is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and/or Services and anything relating to or arising from such use. If you are dissatisfied with the Site or Services or with these Terms or our Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site and Services. The licences you grant to us and our users, as well as the Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in these Terms shall survive any termination of this agreement.
14. Electronic Communications.
As permitted by applicable law, when you communicate with us or enter these Terms electronically, such as online or via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed or in writing.
15. Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
16. Assignment
You shall not transfer or assign any of your rights or obligations under this agreement. Adcession may transfer, assign or sublicense any of its rights and obligations under this agreement to a third party. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.
17. Contact Us.
If you have any questions about these Terms or our Site or Services in general, please contact us at:
contact@adcession.com
