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. Exclusion 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. 5. 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 Waiver
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.