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LEGAL NOTICE
a. WEBSITE TERMS AND CONDITIONS. The materials on PIXMAN CORPORATION's Website (the "Site"), which may include text, images, audio clips, video clips, software and other materials (the "Content"), are provided by PIXMAN CORPORATION for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below ("Terms and Conditions"). If you do not agree to these terms and conditions, do not access the Site or download any Content.
b. Disclaimers. PIXMAN CORPORATION intends for the Content on the Site to be accurate and reliable, however, since the Content has been compiled by PIXMAN CORPORATION from a variety of sources, it is provided to you "as is" and "as available". PIXMAN CORPORATION ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PIXMAN CORPORATION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. Web Links. Links available on the Site will allow you to link to Websites not maintained or controlled by PIXMAN CORPORATION, including sites of PIXMAN CORPORATION's related companies. PIXMAN CORPORATION provides these links for your convenience, and is not responsible for the contents of any linked site. PIXMAN CORPORATION uses reasonable efforts to ensure the accuracy of its Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other Website which you may access through the Site. It is your responsibility to ensure that any Website you choose to use is free of potentially destructive items such as viruses.
d. Use of Content. You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Site:
- which is protected by copyright, or other intellectual property right, or derivative works thereof, without obtaining permission of the copyright holder;
- or constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability;
- otherwise use this Site in a manner which is contrary to law or Netiquette, or which would adversely impact use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.
f. Trademarks. The PIXMAN CORPORATION logo, is a trademark of PIXMAN CORPORATION or its related companies, which is registered in Canada and United States of America and deposited in other countries. Other PIXMAN CORPORATION product or service names or logos referenced in the Site are trademarks or registered trademarks of PIXMAN CORPORATION or its related companies. All other products, services and company names mentioned in the Site may be trademarks of their respective owners.
For a current list of the trademarks and tradenames of PIXMAN CORPORATION and its related companies used on the Site, as well as trademarks and tradenames licensed to PIXMAN CORPORATION or its related companies by third parties, refer to the Trademark List : Pixman, Pixmen, Tekujin, Nomadic Media, Média Nomade and Tickerman. The absence of a product or service name or logo from this list does not constitute a waiver of the trademark or other intellectual property rights of PIXMAN CORPORATION or its related companies concerning that name or logo.
You may not use any trademark displayed on the Site without the written permission of PIXMAN CORPORATION or the relevant owner of the trademark.
g. Privacy and Confidential Information. PIXMAN CORPORATION's Privacy Policy, is a binding part of these Terms and Conditions.
h. Statements. Certain information included on this Web Site is forward-looking and is subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. Factors which could cause results or events to differ from current expectations include, among other things: the impact of price and product competition; the dependence on new product development; the impact of rapid technological and market change; the ability of PIXMAN CORPORATION to make acquisitions and/or integrate the operations and technologies of acquired businesses in an effective manner; general industry and market conditions and growth rates; international growth and global economic conditions, particularly in emerging markets, the impact of consolidations in the media industry; the ability to recruit and retain qualified employees.
i. Indemnity. You agree to defend, indemnify and hold PIXMAN CORPORATION and its related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account.
j. Territory. This Web Site originates in Canada. PIXMAN CORPORATION's products and services are offered in many countries. Some products and services referred to on the Site may not be available in all countries. Consult your PIXMAN CORPORATION local representative for information regarding the products and services that may be available in your area.
k. Updates. PIXMAN CORPORATION reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice.
l. General Notices. These Terms and Conditions, including the PIXMAN CORPORATION Privacy and Security Policy and other documents referenced herein, constitute the entire agreement between PIXMAN CORPORATION and you with respect to your use of this Site. PIXMAN CORPORATION's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. The parties have agreed that these Terms and Conditions and all related documents be drawn up in English.