Terms of Use
Last updated: July 1, 2021
PLEASE READ THESE TERMS CAREFULLY.
Nexus Media Ventures, together with its affiliates (hereinafter referred to as “Nexus Media Ventures”, “we”, “us”, or “our”), has created the following Terms of Use (the “Terms”) to apply to all users of this website, mobile applications, and all digital assets contained or offered therein (collectively, the “Website”).
By accessing, browsing, or otherwise using the Website, you agree to be legally bound by these Terms of Use, including the Binding Arbitration Clause and Class Action Waiver describe below. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE WEBSITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.
We expressly reserve the right to revise these Terms at any time and shall pose the latest revision here at https://www.nexusmediaventures.com/terms. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Website on or after the effective date of such revision and/or addition.
1. License and Conditions of Use
Conditioned on your compliance with these Terms, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use the Website, its content, or any part of the Website, including but not limited to any and all text, graphics, images, photographs, and computer code (individually and collectively, the “Website Content”) for your personal, individual, non-commercial, and non-automated use only. We reserve all rights of ownership in and to the Website not expressly granted to you. You may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Website Content. Nexus Media Ventures, and/or its related companies or licensors, expressly retains all right, title and interest in and to the Website Content, including, without limitation, all intellectual property rights therein and thereto. Nexus Media Ventures and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the Website Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the Website Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the Website Content.
You are responsible for your access or use of the Website. We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. We reserve the right to terminate your use of Website or any related website at our discretion, including, without limitation, if we believed that your conduct violates applicable law, violates these Terms of Service, the Privacy Policy, or is harmful to our interests.
You may not access or use the Website through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Website’s operations or interference with access to the Website and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
2. Intellectual Property
All content, features, and functionality available through our Website, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by Canada and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy).
All registered and unregistered trademarks visible or accessible through our Services are trademarks of Nexus Media Ventures, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Nexus Media Ventures, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
3. Disclaimers
You expressly agree that use of the Website is at your sole risk. Nexus Media Ventures shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Website, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, cyber breach, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information, services and other content provided on the Website.
Our Website may contain typographical errors, inaccuracies, or omissions that may relate to Nexus Media Ventures offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about our services or on any related website is inaccurate at any time without prior notice.
We do not take on any obligation to update, amend, or clarify information on the Website or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
No specified update or refresh data applied on the Website or on any related website should be taken to indicate that all information on the Website or on any related website has been modified or updated.
4. No Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEXUSMEDIA PROVIDES THE WEBSITE AND INFORMATION “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEXUSMEDIA MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, NEXUSMEDIA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
NEXUSMEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
Nexus Media Ventures does not warrant that the Website will be uninterrupted or error free; nor does Nexus Media Ventures make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy or reliability of any information, service, or materials provided through the Website.
5. Limitation of Liability
NEXUSMEDIA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE WEBSITE, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH ANY DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDE ANY PRIVACY OR SECURITY BREACHES.
NEXUSMEDIA, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE WEBSITE. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE WEBSITE WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU IN THE PRECEDING SIX (6) MONTHS.
6. Indemnification
You agree to indemnify, defend, and hold harmless Nexus Media Ventures and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Website (ii) your violation of these Terms, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
7. Location of the Site and your Use
Nexus Media Ventures operates or controls the operation of the Website from the Canada. In addition, the Website may be mirrored, and other websites operated or controlled by Nexus Media Ventures may be operated from various locations in and outside of the Canada. Nexus Media Ventures makes no representation or warranty that all of the features of the Website will be available to you outside of the Canada, or that the Website is permitted to be accessed outside of the United States. Additionally, the Website may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use of the Website from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
8. Termination
We reserve the right to terminate or restrict your access to the Website for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of the Website. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
9. Arbitration and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights
Any dispute concerning Nexus Media Ventures, the Website, or these Terms will be settled by binding arbitration in Sherwood Park, Alberta, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.
CLASS ACTION WAIVER: YOU AND NEXUSMEDIA AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
10. General Conditions
These Terms constitute the entire agreement between you and us, and governs your use of the Website, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any part of these Terms is held invalid or unenforceable, that portion will 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 will remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms. No waiver of any of the provisions of these Terms is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.