INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF MATERIALS
The Site contains materials which are protected, nationally and internationally, by copyright and trade-mark laws. No material (including without limitation the text, images, audio and/or video) from the Site or any website owned, operated, licensed or controlled by W Dish and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Material which is expressly so designated, and in such event, only on any single computer for your personal, non-commercial home use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of ours and/or third parties' copyright, trade-mark and/or other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited without our express written consent. If you download software from the Site, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. To notify W Dish of a copyright, trade-mark or other proprietary infringement, please contact us at firstname.lastname@example.org.
LINKS TO THIRD PARTY SITES AND SERVICES
We are distributor of content supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are solely those of the respective owners, authors and/or distributors and not of us. Without limiting any of the foregoing limitation or disclaimers, neither we nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content provided on or through the Site.
Please review the streaming provider's, and the linked site's, use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.
We are pleased to hear from our loyal fans and welcome your comments regarding our products, including our online services. Our long-standing company policy, however does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us and we will not accept, consider or review any original creative materials such as songs, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and we shall not owe any compensation to the person submitting the Information or any third party. This section does not apply to Interactive Content, as defined below.
In order to make the Site more interactive we occasionally ask users to submit videos, photographs, text (“Interactive Content”) for placement on the Site and/or to share such Interactive Content with other users. If you submit Interactive Content to us on the Site, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Interactive Content you submit. This license includes the right to edit, host, index, cache, distribute, and tag such Interactive Content, as well as the right to sublicense the Interactive Content to third parties, including other users, for use on other platforms including but not limited to broadband, wireless, on demand, mobile phones, in video and music software computer programs. You represent and warrant that you own any such Interactive Content you submit, display, publish or post on the Site, and otherwise have the right to grant the license set forth herein. You further represent and warrant that the displaying, publishing or posting of your Interactive Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trade-mark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
NO PERSONAL ADVICE
The information contained in or made available through the Site (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, real estate, medical, or legal matters. You should not act upon any of the information offered or provided within or through the Site without seeking professional advice. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Neither W Dish nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties (express or implied) concerning: (i) the information offered or provided within or through the Site; (ii) any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither we nor our partners, sponsors and the respective parents, subsidiaries, affiliates, successors and assigns, and the respective directors, officers, employees, agents, shareholders of each of the foregoing entities will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from your reliance on any of the information offered or provided within or through the Site, including but not limited to economic loss, injury, illness or death.
Some of the information available on the Site concerns the topic of sex or other adult themes and may not be appropriate for children. The Site is not directed to children under the age of majority in their province or territory of residence and W Dish will not knowingly collect personally identifiable information from children under eighteen (18) years of age. W DISH STRONGLY RECOMMENDS THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. W Dish may, at its discretion, require users under the age of majority to obtain the consent of a parent or guardian to view certain content and W Dish may limit access to certain content to users above a specified age. You agree to comply with any such restrictions, and not to help anyone avoid these restrictions.
The Site has many features available for members to enjoy such as bulletin boards, interactive forums, contest, surveys, games and the ability for members to create their own personal profile in where they can publish information such as their interests, photos, recipes etc.
You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages ("Member Content"), whether publicly posted or privately transmitted, are the sole responsibility of member from whom such Member Content originated. You are entirely responsible for all Member Content that you upload, publish, post, email, transmit, or otherwise make available on the Site.
You acknowledge that W Dish does not pre-screen Member Content, but that W Dish and its designees have the right, but not the obligation, in their sole discretion to refuse to publish and/or remove any content and or Member Content from the Site.
Without limitation, by using the Site you agree not to:
- Publish, upload, post, email, or otherwise make available any content, as determined by W Dish, that is harmful, threatening, abusive, stalking, harassing, torturous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person’s safety, hateful, racially, ethnically or otherwise objectionable or unlawful. including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law;
- Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which are protected by copyright, trade-mark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- Collect or store any data about other users or third parties without their express written consent;
- Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam; or
- Post or transmit any information, software or other material which contains a virus or other harmful component.
Unless otherwise specified, the materials in the Site are presented solely for the promotion of programs, films and other products available in Canada, its provinces, territories, possessions and protectorates. We control and operate the Site from our offices within the Province of Ontario, Canada. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the 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. Software from the Site is further subject to Canadian export controls.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our websites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from the Site and any and all of our other websites and all copies thereof, whether made under the terms of this agreement or otherwise.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. W DISH DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. W DISH, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE. You specifically acknowledge and agree that W Dish and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. Certain of the disclaimers/limitation herein may be superseded by applicable local law.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL W DISH, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INTEGRATION AND SEVERABILITY
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