Terms of Use Agreement

 

Read This Terms of Use Agreement Before Accessing Website.

 

Effective Date: This Terms of Use Agreement was last updated on August 3, 2006.

 

This Terms of Use Agreement sets forth the standards of use of Net Post Production / http://www.netpostproduction.com's website (the "Website") and Online Services. By using the Website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the Website. Please check the Terms of Use Agreement frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this web site immediately. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

1. Description of Service

 

Net Post Production is providing Member with audio post production services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's high speed access to the Internet, and (3) pay any fees relate with such connection.

 

2. Disclaimer of Warranties.

 

The site is provided by Net Post Production on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Net Post Production makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Net Post Production shall have no liability for any interruptions in the use of this Website. Net Post Production disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

3. Limitation of Liability

 

Net Post Production SHALL NOT be liable for any damages whatsoever, and in particular Net Post Production shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Net Post Production has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

 

4. Indemnification

 

Member agrees to indemnify and hold Net Post Production, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

 

5. Members Account

 

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Net Post Production of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Net Post Production.

 

6. Modifications and Interruption to Service

 

Net Post Production reserves the right to modify, suspend, terminate or discontinue the Service with or without notice to the Member. Net Post Production shall not be liable to Member or any third party should Net Post Production exercise its right to modify, suspend, terminate or discontinue the Service. Member acknowledges and accepts that Net Post Production does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

7. Third-Party Sites

 

Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

 

8. Governing Jurisdiction of the Courts (Quebec. Canada)

 

Our Website is operated and provided in the province of Quebec, Canada. As such, we are subject to the laws of the province of Quebec, Canada, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the province of Quebec, Canada.

 

9. Arbitration

 

Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in MONTREAL, QUEBEC and governed by QUEBEC law pursuant to THE CODE OF CIVIL PROCEDURE, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of QUEBEC and to waive any objections based upon venue in any such action, suit or proceeding.

 

10. Prohibited Use

 

You may not, nor may you allow others to, directly or indirectly :

a) use this web site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this web site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this web site (including without limitation uploading, posting or otherwise transmitting on this web site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this web site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this web site or the content in whole or in part);

b) use or attempt to use another's account, password, or other information in connection with this web site without prior written authorization from Net Post Production; create or use a false identity on this Website, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this web site; or send to this web site or Net Post Production any incomplete, false or inaccurate information; or

c) disrupt or interfere with any other person's use or enjoyment of this web site or affiliated or linked sites, or any services thereof; or delete or revise any content posted on this web site.

 

11. Compliance with Laws.

 

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

12. Copyright

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 netpostproduction.com, will all rights reserved, or is the property of Net Post Production and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Net Post Production is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Net Post Production.

 

13. Notification of Claimed Copyright Infringement

 

Netpostproduction.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

 

By Mail

 

Digilog Studio / Net Post Production

1179 Bleury, suite 10

Montreal, Quebec

Canada

H3B 3H9

 

By Telephone: (514)990-8141

 

By Email: copyright@netpostproduction.com

 

14. Botnets

 

Net Post Production retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Net Post Production reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

15. Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Net Post Production, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

 

Any cause of action Member may have with respect to his/her use of this Website or which is the subject of the Terms of Use Agreement must be commenced within one (1) year after the claim or cause of action arises. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Net Post Production. Net Post Production's failure to insist upon or enforce strict performance of any provision of the Terms of Use Agreement or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms of Use Agreement shall be made except by a revised posting on this page. The Terms of Use Agreement shall ensure to the benefit of Net Post Production and their affiliates. Any and all references in the Terms of Use Agreement to Net Post Production and its affiliates shall, where the context so permits, include Net Post Production parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the web site.