THIS IS AN AGREEMENT BETWEEN YOU AND End2End Media Group Inc. This is an agreement (“Agreement”) between you and End2End Media Group Inc. (or, if applicable based on where you live, one of its affiliates) (“E2E”). This Agreement governs your use of any Web site or Web page operated by End2End Media Group Inc. (each, an “E2E Web Site,” and collectively, the “E2E Web Sites”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
Section 1. End2End Media Group Inc. OFFERS THE E2E WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE E2E WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Section 2. HOW End2End Media Group Inc. MAY MODIFY THIS AGREEMENT – E2E reserves the right to change the terms, conditions, and notices under which it offers the E2E Web Sites, including any charges associated with the use of the E2E Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any E2EWeb Site. Your continued use of the E2E Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Section 3. ADDITIONAL TERMS – Any E2E Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that E2E Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a E2E Web Site, then the terms in this Agreement shall control.
Section 4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE E2E WEB SITES. The E2E Web Sites are only for your personal use. You will not use the E2E Web Sites for commercial purposes. You will not use the E2E Web Sites in any way that is unlawful, or harms E2E , its affiliates, resellers, distributors, service providers and/or suppliers (each, a “E2E Party” and collectively, the “E2E Parties”) or any customer of a E2E Party, as determined in E2E’s sole discretion. E2E may tell you about certain specific harmful uses in a code of conduct or other notices available through a E2E Web Site, but has no obligation to do so. You may not use the E2E Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the E2E Web Sites. Without limiting the generality of this section, you may not use the E2E Web Sites in any manner that could damage, disable, overburden, or impair any E2E Web Site (or the network(s) connected to any E2E Web Site) or interfere with any other party’s use and enjoyment of the E2E Web Sites.
Section 5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY. You will not use the E2E Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the E2E Web Sites in any way that violates the E2E Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. E2E may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the E2E Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the E2E Web Sites even if such e-mail does not violate the Anti-Spam Policy.
Section 6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING. For materials you post or otherwise provide to E2E related to the E2E Web Sites (a “Submission”), you grant E2E permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the E2E Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. E2E will not pay you for your Submission. E2E may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, E2E may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the E2E Parties or any customer of a E2E Party.
Section 7. SOFTWARE. Your use of any software associated with the E2E Web Sites will be governed by the terms and conditions of the end user license agreement (“EULA”) accompanying such software. If you receive any software that is not accompanied by a EULA, then E2E grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the E2E Web Sites and in accordance with this Agreement. E2E reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. E2E or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. E2E may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the E2E Web Sites.
Section 8. INFORMATION AVAILABLE FROM THE E2E WEB SITES. E2E and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the E2E Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the E2E Web Sites. E2E and its suppliers do not authorize the use of information available from the E2E Web Sites including financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. E2E does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the E2E Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
Section 9. E2E MAKES NO WARRANTY. E2E PROVIDES THE E2E WEB SITES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE E2E PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE E2E PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE E2E WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
Section 10. LIABILITY LIMITATION YOUR EXCLUSIVE REMEDY. IN NO EVENT WILL ANY E2E PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE E2E WEB SITES, EVEN IF SUCH E2E PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE E2E WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY E2E PARTY WITH RESPECT TO THIS AGREEMENT OR THE E2E WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE E2E WEB SITES.
CHANGES TO THE E2E WEB SITES; ADDITIONAL LIABILITY LIMITATION THE E2E PARTIES MAY CHANGE THE E2E WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the E2E Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by E2E and persons other than E2E (any such person is referred to as a “Third Party”). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE E2E PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT E2E IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE E2E WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE E2E WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE E2E WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE E2E WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
Section 11. TERMINATION; ACCESS RESTRICTION – E2E MediaGroup Inc. may terminate this Agreement, or terminate or suspend your access to the E2E Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the E2E Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION – ANY INFORMATION YOU HAVE STORED ON THE E2E WEB SITES MAY NOT BE RETRIEVED LATER.
Section 12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. If this Agreement is with E2E Media Group Inc. claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Province of British Columbia, without reference to conflict of laws principles. If this Agreement is with a E2E affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such E2E affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject E2E Web Sites are directed. If this Agreement is with E2E Media Group Inc., you hereby irrevocably consent to the exclusive jurisdiction and venue of provincial or federal courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the E2E Web Sites. If this Agreement is with a E2E affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such E2E affiliate in all disputes arising out of or relating to the use of the E2E Web Sites.
Section 13. INTERPRETING THE AGREEMENT; ASSIGNMENT – If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. E2E may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the E2E Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and E2E with respect to the E2E Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and E2E with respect to the E2E Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Section 14 .YOU HAVE LIMITED TIME TO BRING YOUR CLAIM – YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE E2E WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Section 15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS – All contents of the E2E Web Sites are Copyright © 2020-2021 E2E Media Group Inc., and/or its suppliers. All rights reserved. E2E and/or other E2E products and services referenced herein may also be either trademarks or registered trademarks of E2E in Canada, the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.Certain software used in certain E2E Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved.
Section 16. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.