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Website Terms and Conditions
Please read these Terms and Conditions carefully before
using this site. By using this site, you signify your agreement
with these Terms and Conditions. If you do not agree with
any of the below Terms and Conditions, do not use this site.
Mercury Graphics (“Mercury”), reserves the right, in its sole discretion,
to modify, alter or otherwise update these Terms and Conditions
at any time and you agree to be bound by such modifications,
alterations or updates.
1. Trademarks, Copyrights and Restrictions
All material on this site, including, but not limited to
images, illustrations, audio clips and video clips, is protected
by copyrights which are owned and controlled by Mercury
or by other parties that have licensed their material to
Mercury (the “Copyrights”). Material from this
website or from any other website owned, operated, licensed
or controlled by Mercury (the “Mercury’s Websites”)
may not be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way. Modification of the
materials or use of the materials for any other purpose
is a violation of the copyrights and other proprietary rights.
2. Privacy
Mercury is very respectful about the privacy concerns of
the visitors to its websites. Please read our privacy
policy statement.
3. Cookies
Many of Mercury’s websites, including this one, place
a “cookie” the browser files of a Mercury user’s
computer. The cookie itself does not contain any personally
identifying information. Although the cookie could enable
Mercury to relate a user’s use of a Mercury site to
information that the user has specifically and knowingly
provided, Mercury does not do so.
4. Linked Sites
Mercury, whether or not affiliated with sites which may
be linked to this site, is not responsible for their content
(the “Linked Sites”). The Linked Sites are for
your convenience only and you access them at your own risk.
5. Disclaimer
The materials in Mercury’s Websites are provided “as
is” and without warranties of any kind either expressed
or implied. To the fullest extent permissible pursuant to
applicable law, Mercury disclaims all warranties, expressed
or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose.
Mercury does not warrant that the functions contained in
the materials will be uninterrupted or error-free, that
defects will be corrected, or that Mercury’s Websites
or the server that makes them available are free of viruses
or other harmful components. Mercury does not warrant or
make any representations regarding the use or the results
of the use of the materials in Mercury’s Websites
in terms of their correctness, accuracy, reliability or
otherwise. You (and not Mercury) assume the entire cost
of all necessary servicing, repair or correction. Applicable
law may not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. Except as otherwise
provided, the material that you read in Mercury’s
Websites is provided solely for entertainment and promotional
purposes. Neither Mercury nor its affiliated or related
entities or its content providers are responsible or liable
to any person or entity whatsoever (including, without limitation,
persons who may use or rely on such data/materials or to
whom such data/materials may be furnished) for any loss,
damage (whether actual, consequential, punitive or otherwise),
injury, claim, liability or other cause of any kind or character
whatsoever based on or resulting from any information or
opinions provided in Mercury’s Websites.
6. Submissions
(1) Any notes, ideas, suggestions, concepts or other material
provided, submitted, or communicated to Mercury will become
the property of Mercury throughout the universe and Mercury
shall be entitled to use the material for any type of use
forever including in any media whether now known or hereafter
devised. When you submit material to Mercury’s Websites,
you agree that Mercury has the right to publish the material
for any type of use as outlined above including promotional
and advertising purposes.
(2) You agree to indemnify Mercury and its officers, directors,
employees, shareholders, agents, distributors and affiliates
from and against any and all third party claims, demands,
liabilities, costs or expenses, including lawyer’s
fees, resulting from your breach of any of the foregoing
agreements, representations and warranties.
7. Jurisdictional Issues
(1) Unless otherwise specified, the materials in Mercury’s
Websites are presented solely for the purpose of entertainment
and promoting services and products available in Canada.
Mercury makes no representation that materials in Mercury’s
Websites are appropriate or available for use in other locations.
Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
(2) This agreement shall be governed by, construed and
enforced in accordance with the laws of the Province of
Saskatchewan, as it applied to agreements entered into and to
be performed entirely within such province. Any action you,
any third party or Mercury bring to enforce this agreement
or, in connection with, any matters related to this site
shall be brought only in the courts of the Province of Ontario,
and you expressly consent to the jurisdiction of said courts.
If any provision of this agreement shall be unlawful, void,
or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not affect
the validity and enforceability of any remaining provisions.
This (and any Membership Agreement between the parties)
is the entire agreement between the parties relating to
the matters contained herein and shall not be modified except
in writing, signed by Mercury.
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