|
MACKINAC
MEDIA, INC.
Terms of Use
All Users must read the Terms
and Conditions set out below before accessing and using
this Web Site. By accessing and using this Web Site you
agree to be bound by the Terms and Conditions set out below.
If you do not wish to be bound by these Terms and Conditions
you should not access or use the Web Site.
1. Definitions
"Agreement" means these terms and conditions under
which you agree to be bound in the event you access or use
this Web Site. "Disclosed Information,” means
any and all material disclosed by the User. "Information"
means any and all material contained in this Web Site, which
is delivered by or on behalf of Mackinac Media Inc. or any
associates thereof. "User" means you, the Web
Site User. "Web Site" means this web site.
2.
Rights
The Information contained on this Web Site is owned by,
licensed or authorized to Mackinac Media Inc., its associates,
assignees, licensees or sub-licensees thereof. Mackinac
Media Inc. owns the copyright of the text, artwork, graphics,
images and media on the Web Site except where attributed
to an alternative source.
3.
Warranties
The User undertakes: (a) that it will only view the Information
for its own private purpose and it will not publish, reproduce,
store or retransmit any of the Information contained in
the Web Site; (b) acknowledges and understands the exclusion
of liability and disclaimer provisions contained in Clause
4; (c) not to use the Information or the Disclosed Information
for any unlawful or unauthorized purpose; (d) that it shall
not use or interfere with the Web Site, the Information
or the Disclosed Information other than in accordance with
this Agreement and without limitation in such a way so that
all or part of the Web Site, the Information or the Disclosed
Information is or could be interrupted, reproduced, stored,
retransmitted, published, damaged, rendered less efficient,
corrupted or in anyway impaired; (e) not to use the Web
Site, the Information or the Disclosed Information in any
manner which constitutes an infringement of any third party
rights (including but not limited to rights of copyright
trade mark or confidentiality); (f) that it shall not use
the Web Site to transmit any material for the purposes of
publicity, promotion and/or advertising without the prior
written consent of Mackinac Media Inc.; (g) that in the
event it has any right, claim, or action against any other
User or other third party arising out of the use of the
Web Site it shall pursue such right, claim or action independently
of and without recourse to Mackinac Media Inc.; (h) that
all intellectual property rights (including without limitation
copyright, trade marks and all other rights) whatsoever
in the Information and the Web Site shall remain vested
in Mackinac Media Inc. at all times; (i) and acknowledges
that Mackinac Media Inc. has no obligation to provide the
Web Site or any Information or to ensure the User is able
to use provide and/or access the Information, the Disclosed
Information and the Web Site; (j) to indemnify and keep
indemnified Mackinac Media Inc. against all claims, liabilities,
damages, costs and expenses including legal fees arising
out of any breach or misuse of the Information, the Disclosed
Information, the Web Site or of the User's obligations under
this Agreement.
4.
Exslusion of Liability/Disclaimer
4.1 Mackinac Media Inc. provides the Web Site and the Information
on an "as is" basis and makes no warranty or representation
about the availability, completeness, accuracy, satisfactory
quality, merchantability and/or fitness of the same for
a particular purpose. Any advertisers and/or advertisements
have not been checked by Mackinac Media Inc. and any information
submitted or any reliance placed on the same is entirely
at the risk of the User.
4.2 Further, Mackinac Media Inc. makes no warranty or representation
about; (a) the reliability or technical efficiency of the
Web Site; (b) the security measures (if any) contained in
the Web Site and in particular the protection afforded to
any Information, Disclosed Information or other information
and data; (c) the suitability of the advertisements on the
Web Site or the other web sites which may be accessible
from the Web Site.
4.3 Mackinac Media Inc. excludes all liability (so far as
is permitted by law) in respect of; (a) any advertisements
or other web sites which can be accessed via the Web Site;
(b) any opinions and expressions made by third parties which
can be accessed via the Web Site or which are contained
in the Information and the Disclosed Information; (c) any
damage to the User, the Users' computer hardware, software
or other material or equipment resulting from the User accessing
or using the Web Site, the Information or the Disclosed
Information.
3.
Termination
Mackinac Media Inc. shall have the right to terminate this
Agreement and/or suspend or terminate the Information, the
Disclosed Information and the Web Site immediately and without
notice to the User. In the event of termination or suspension
the warranties and obligations of the User shall continue
to apply beyond the lifetime of this Agreement.
6.
Data
The User expressly agrees that by accessing the Web Site he/she
agrees that any Disclosed Information, Information or other
data including without limitation the User's name, address,
location and other relevant information relating to the User
can be used by Mackinac Media Inc. for those purposes expressly
set out in the Web Site. Please note that Mackinac Media Inc.
may use the Disclosed Information for other specific purposes
in the event that the User opts-in, via the registration pages,
to such use.
7.
Amendments to Terms and Conditions
Mackinac Media Inc. reserves the right to change and amend
these Terms and Conditions from time to time. The User’s
continued use or access of the Web Site after such change
or amendment shall be deemed to confirm the User's acceptance
of any such change or amendment. It is the User's responsibility
to check these Terms and Conditions regularly to determine
whether any such amendment has been made. If the User does
not wish to be bound by any revised Terms and Conditions it
should stop using and accessing the Web Site.
8.
Confidentiality
The User undertakes with Mackinac Media Inc. that it will
treat as confidential the terms of this Agreement together
with all information (including, without limitation, the Disclosed
Information and the Information) whether of a technical or
commercial nature or otherwise relating in any manner to the
business or affairs of Mackinac Media Inc. as may be communicated
to it hereunder or otherwise in connection with this Agreement
(including without limitation in connection with accessing
the Web Site, the Information and the Disclosed Information)
and will not disclose such information to any person firm
or company (other than to its auditors and other professional
advisers and as part of its normal reporting or review procedure
to its parent company or the shareholders in its parent company
as the case may be) or to the media and will not use such
information other than for purposes of this Agreement subject
always to any prior specific authorization in writing by Mackinac
Media Inc. of such disclosure or use. This obligation shall
endure beyond the termination of this Agreement without limit
in point in time except and until any confidential information
enters the public domain otherwise than through default of
the party receiving the same.
9.
Severability
If any provision of this Agreement shall be prohibited by
or adjudged by a Court to be unlawful void or unenforceable
such provision shall to the extent required be severed from
this Agreement and rendered ineffective as far as possible
without modifying the remaining provisions of this Agreement
and shall not in any way affect any other circumstances or
the validity or enforcement of this Agreement.
10.
No Waver
No failure or delay on the part of any of the parties to this
Agreement relating to the exercise of any right power privilege
or remedy provided under this Agreement shall operate as a
waiver of such right power privilege or remedy or as a waiver
of any preceding or succeeding breach by the other party to
this Agreement.
11.
Assignment
Mackinac Media Inc. may freely charge license, transfer, assign,
or otherwise dispose of any of its rights or obligations hereunder.
The User shall not be entitled to charge license, transfer,
assign, or otherwise dispose of any of its rights or obligations
hereunder without the prior written consent from Mackinac
Media Inc.
12.
Entire Agreement
This Agreement contains the full and complete understanding
between the parties and supersedes all prior arrangements
and understandings whether written or oral appertaining to
the subject matter of this Agreement and may not be varied
except by an instrument in writing signed by all of the parties
to this Agreement.
13.
Jurisdiction
This Agreement shall be governed by and construed in accordance
with the laws of the State of Michigan, U. S. A., the courts
of which shall alone be the courts of competent jurisdiction.
If you have questions or concerns
regarding this statement, please email us at customerservice@mackinacmedia.com
All trademarks
and other proprietary materials herein are the property of
Mackinac Media, Inc.
© 2005. All rights reserved.
|