Your Acceptance of this Legally Binding Agreement
IMPORTANT: BY USING OR ACCESSING THE INTACTPRODUCTION.COM WEB SITE AND THE INFORMATION, MATERIAL, PRODUCTS OR SERVICES PROVIDED THEREIN BY Intact Media Production ("Intact Media Production"), YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, do not use or access the INTACTPRODUCTION.COM web site or information, material, products or services provided therein. This Agreement is between you ("You") and Intact Media Production and is effective as at the date of your first use or access of the INTACTPRODUCTION.COM web site.
Ownership of Content and Intellectual Property Protection
You acknowledge and agree that any and all information, material, products and services, including data, databases, graphics, text, files, software, interfaces, web pages, product names, company names, trademarks, logos and trade names contained on the INTACTPRODUCTION.COM web site (collectively the "Content"), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Intact Media Production, its licensors or third parties, as indicated.
Content found on the INTACTPRODUCTION.COM web site is protected under patent, copyright, trademark, proprietary or other intellectual property laws of Canada and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement. Except as expressly provided herein, no license under any patents, copyright, trademark, proprietary or other intellectual property right is granted or implied by granting access to the Content.
Content may be provided by a third party ("Third Party Content"). Intact Media Production offers no guarantees and assumes no responsibility or liability of any type with respect to Third Party Content, including any liability resulting from incompatibility between Third Party Content and Content provided by Intact Media Production. You agree that you will not hold Intact Media Production responsible or liable with respect to Third Party Content or seek to do so.
License to Content
You are provided with a limited, personal, non-transferable, non-exclusive license to access, view, read, download and print one copy of the Content, except for Third Party Content and Content that is indicated for sale or that is indicated for distribution pursuant to a separate license agreement (the "Products"). Except as otherwise provided herein or in another written agreement with Intact Media Production or its Licensors, you may access, view, read, download and print the Content (excluding the Third Party Content and Products") subject to the following conditions:
You may use the Content solely for personal, informational, and internal purposes;
You may not bundle, sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, the Content, or any part thereof; You may not copy, edit, modify, adapt, create derivative works, translations, adaptations or arrangements, republish, transmit, merge, reverse engineer, decompile or disassemble the Content, or any part thereof; You may not alter, remove, or destroy any proprietary markings, or confidentiality legends, or notices placed on, or contained within, the Content; or You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Intact Media Production or its licensors or allow any third party to access the Content. Intact Media Production reserves the right to revoke the authorization to access, view, read, download and print the Content available on the web site at any time and for any reason, and any such use shall be discontinued immediately upon notice from Intact Media Production. The rights granted to you herein constitute a license and not a transfer of title.
Collection and Use of Information About You
NO CONFIDENTIAL CLIENT OR VISITOR BILLING INFORMATION IS BEING COLLECTED ON OUR WEBSITE. THIS INCLUDES: NAME ON CREDIT CARD, CARD NUMBER & EXPIRY DATE. WE DO NOT COLLECT OR STORE ANY SORT OF CLIENT FINANCIAL INFORMATION, AND NONE OF Intact Media Production STAFF WILL CONTACT YOU AND ASK YOU FOR ANY FINANCIAL INFORMATION.
Disclaimer of Warranties
All Content is provided "as is" without any warranties of any kind. You understand and agree that the use of the Content is at your sole risk.
Intact Media Production MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, Intact Media Production MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
Limitation of Liability
Intact Media Production assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the web site, regardless of cause.
Intact Media Production, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE INTACTPRODUCTION.COM WEB SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF Intact Media Production IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
IN NO EVENT SHALL Intact Media Production, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO EVENTS BEYOND THE REASONABLE CONTROL OF Intact Media Production, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY WEB SITES AND THIRD PARTY CONTENT (INCLUDING PRODUCTS AND SERVICES), EVEN IF Intact Media Production IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
Intact Media Production, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO Intact Media Production IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT Intact Media Production'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT.
You agree to indemnify, defend, and hold Intact Media Production, its affiliates, agents, licensors, suppliers, or their respective directors or employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by Intact Media Production arising out of the access to or use of the INTACTPRODUCTION.COM web site or any Content (including products and services and Third party Content) contained in or on the web site.
You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content is provided by third parties and that Intact Media Production cannot control such content.
You acknowledge and agree that the account provided by Intact Media Production to you so that you may access, utilize or otherwise enjoy the web site, and the password selected by and used by you in conjunction with the account to access, utilize or otherwise enjoy the web site, are to be kept secret and confidential. You shall not disclose your account information, including your account number, account name, or password to any other party without the express written permission of Intact Media Production. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by Intact Media Production, and that Intact Media Production is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content.
You acknowledge and agree that you are fully responsible for maintaining the confidentiality of your account information, including your account number, account name, and/or password, if applicable. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. If you suspect you are being impersonated, contact Intact Media Production immediately. Intact Media Production reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of Intact Media Production and its members.
Refund & Exchange Policy
INTACTPRODUCTION.COM products are digital files, hence there are no means to physically "return" the product for a refund or exchange. Therefore we do not grant refunds. However, we will replace a damaged file with the same file, if such a request is made.
You agree that you will not attempt to enter restricted areas of Intact Media Production's computer system or perform functions that you are not authorized to perform pursuant to this Agreement. Intact Media Production may, without notice, temporarily or permanently suspend your access to the web site and the Content by deactivating your account or password if Intact Media Production reasonably suspects that you are using the account or password to obtain unauthorized access to Intact Media Production's other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Intact Media Production may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.
Amendments to the Web Site
You agree and acknowledge that Intact Media Production may modify any or all of the INTACTPRODUCTION.COM web site at any time and that the web site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.
Termination of this Agreement
This Agreement is effective until terminated by Intact Media Production, in its sole and absolute discretion. Intact Media Production may terminate this Agreement without notice to you and will do so if you use or attempt to use the web site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by Intact Media Production shall be in addition to and without prejudice to such rights and remedies as may be available to Intact Media Production, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate.
The Ownership of Content and Intellectual Property Protection, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Termination provisions of this Agreement shall survive the termination or expiry of this Agreement.
The trademarks and logos ("Marks") displayed on the INTACTPRODUCTION.COM web site are the property of Intact Media Production or other third parties. You are not permitted to use the Marks without the prior written consent of Intact Media Production or such third party that may own the Marks. Intact Media Production and the Intact Media Production logo are trademarks of Intact Media Production Incorporated.
Third Party Web Sites
This site may links users to sites not maintained by Intact Media Production. You are advised that any use of a linked web site and any use of or reliance upon Third Party Content (including products and services) available at such sites is solely at your own risk. In providing links to the other sites, Intact Media Production is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. Intact Media Production cannot and does not make any representations or warranties with respect to any Third Party Content (including products and services) available through these links and disclaims all liability relating to your use of or reliance upon any Third Party Content (including products and services) available at or through such sites and disclaims any opinions expressed on such web sites. Links to other web sites or references to Third Party Content (including products and services) or publications other than those of Intact Media Production do not imply the endorsement or approval of such web sites, Third Party Content (including products and services) or publications by Intact Media Production.
Like many other Web sites, www.intactproduction.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Cookies and Web Beacons
DoubleClick DART Cookie
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www.intactproduction.com has no access to or control over these cookies that are used by third-party advertisers.
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.
General Legal Terms and Conditions
No delay or failure by Intact Media Production to exercise any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such right, or any other rights hereunder. Any consent by Intact Media Production to or any waiver of, a breach of any express or implied term of this Agreement, shall not constitute a consent to, waiver of, or excuse of any subsequent or other breach of any express or implied term of this Agreement. No waiver, alteration, or modification by Intact Media Production of any of the provisions of this Agreement shall be binding unless in writing signed by a duly authorized representative of Intact Media Production against which enforcement of such waiver, alteration, or modification is sought. If any term, covenant, or condition of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, or condition of this Agreement shall be valid, and be enforced to the fullest extent permitted by law.
This Agreement shall be interpreted and enforced in accordance with the laws of Ontario, Canada, without regard to the conflict of law principles applicable therein. Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of Alberta. The application of the UN Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time, is expressly excluded.
The INTACTPRODUCTION.COM web site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that Intact Media Production intends to market, promote, or distribute such Content, including products and services, in your country.
The INTACTPRODUCTION.COM web site is controlled, operated, and administered by Intact Media Production from its offices within Canada. Intact Media Production makes no representation that the web site, or the Content available therein, are appropriate or available for use at other locations outside Canada, and access to the web site from countries or territories where the web site or any of its Contents are illegal is prohibited. If you access the web site from a location outside the United States or Canada, you are responsible for compliance with all local laws.
You may contact Intact Media Production, through the following means:
Copyright © 2004-2014 Intact Media Production. All rights reserved. No part of this work may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Intact Media Production.