We may, from time-to-time, change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms, as changed. We may also change, move, or delete portions of, or may add to, our Site.
Unless otherwise noted, all material, including text, images, illustrations, designs, icons, photographs, video clips, and other materials (collectively, the “Contents”) that appear as part of this Site are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by Smack Media and/or its subsidiaries and/or affiliates (collectively, “Smack Media”).
The Site and its Contents are intended solely for personal, noncommercial use. You may download or copy the Contents and other materials displayed on the Site for your personal use provided you do not delete or change any copyright, trademark, or other proprietary notices. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or related software.
USER COMMENTS, FEEDBACK, POSTCARDS, AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Smack Media on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively “Comments”) shall be and remain the property of Smack Media. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Smack Media of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, Smack Media will own exclusively all such rights, titles, and interests, and shall not be limited in any way in the use, commercial or otherwise, of any Comments. Smack Media is and shall be under no obligation to (1) maintain any Comments in confidence; (2) compensate any user for any Comments submitted; or (3) respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Smack Media may use or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, or requesting promotional information or product updates, you agree that Smack Media may use your information for marketing and promotional purposes.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered trademarks of Smack Media. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without Smack Media’s written permission.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to outside services and resources, the availability and content of which Smack Media does not control. Any concerns regarding such services or resources, or any links thereto, should be directed to the outside services or resources in question. Smack Media is not responsible for the contents of any off-site pages or any other sites linked to this Site nor does it endorse any products or services linked from or supplied to this Site. The inclusion of any link to such sites does not imply endorsement by Smack Media of such sites. Your linking to any other off-site pages is at your own risk.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMACK MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONAL ASPECTS OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES. YOU OBTAIN ACCESS TO THE SITE AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ANY INTERFERENCE, LOSS, DAMAGE, OR DISRUPTION TO YOUR OWN COMPUTER SYSTEM THAT ARISES IN CONNECTION WITH YOUR USE OF THE SITE OR ANY LINKED SITE. YOU AGREE THAT NEITHER ST. JOSEPH NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DEVELOPING THIS SITE SHALL BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER RELATED TO YOUR ACCESS TO OR USE OF THIS SITE.
All information provided by Smack Media on the Site is done so in good faith. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions. Smack Media takes no responsibility for continuously updating this Site. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
You agree to defend, indemnify, and hold Smack Media harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of producing content for Smack Media’s readers. This Site is controlled and operated by Smack Media from its offices in Toronto, Ontario.
This Agreement shall be construed in accordance with the laws of the Province of Ontario, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the provincial and federal courts of the Province of Ontario. If any portion of these terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable laws to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
This Agreement is effective unless and until terminated by either you or Smack Media. You may terminate this Agreement at any time. Smack Media also may terminate this Agreement at any time and may do so immediately, without notice, if, in our sole discretion, you fail to comply with any of the terms or provisions contained herein. Upon any termination of this Agreement by either you or Smack Media, Smack Media may deny you access to this Site and you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.