Terms and Conditions of Use
Welcome to Here and Elsewhere.
As a visitor to our website, please read the Terms and Conditions (the “Terms”) of use carefully before using our website. To use Here and Elsewhere, you agree, without limitation or qualification to be bound by these Terms. If you do not agree to these Terms, please do not use Here and Elsewhere. Here and Elsewhere reserves the right, at our sole discretion, to modify these Terms at any time, and any such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued use of Here and Elsewhere shall be deemed your conclusive acceptance of the Terms.
1. PROPRIETARY NATURE OF HERE AND ELSEWHERE WEBSITE AND CONTENT
Here and Elsewhere and all text, information, images, audio video and other material (“Content”) posted on Here and Elsewhere is protected by copyright, trade-mark and other applicable intellectual property and proprietary rights laws, and is owned, controlled and/or licensed by Here and Elsewhere and its affiliates. All Content posted on the Here and Elsewhere website remains the valuable intellectual property of its owner(s) and is made available on the Here and Elsewhere site for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content.
2. NO RIGHTS GRANTED IN TRADE-MARKS OR CONTENT
Nothing contained on the Here and Elsewhere website should be considered as granting any license or right to use any trade-marks, logos or other names, including but not limited those identifying Here and Elsewhere and its affiliates without the express written consent of the applicable rights holder. Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Content as a result of accessing or downloading it, nor are you granted any rights for sale, resale, reproduction, licensing, sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use, for commercial or non-commercial purposes with respect to Content, other than for your own personal use and enjoyment. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content.
3. THIRD PARTY CONTENT
Websites accessed via links or other means from the Here and Elsewhere website have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Here and Elsewhere website should not be construed as an express or an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed by any linked websites and we cannot guarantee the performance of any products and services provided by any advertisers or others to whose sites we link. Any dealings you have with advertisers found while accessing the Here and Elsewhere websites are between you and the advertiser. Such third party websites are in no way investigated, monitored or check by Here and Elsewhere. All complaints should be addressed to the administration of the third party websites.
4. LIMITATION OF LIABILTIY
Under no circumstances including but not limited to negligence, gross negligence, negligent misrepresentation and fundamental breach shall Here and Elsewhere and its Directors, Officers, Employees, Consultants and Agents be liable for any direct, indirect, incident, special or consequential damage or any loss that results from your use or your inability to use any Content, information, material or postings on the Here and Elsewhere website, directly or indirectly. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Here and Elsewhere nor is Directors, Officers, Employees, Consultants and Agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Here and Elsewhere and its Directors, Officers, Employees, Consultants from and against all claims, liability and expenses including all legal fees and costs arising out of a)your breach of any provision of these Terms; or b)your use of the Here and Elsewhere website, the Content contained in the Here and Elsewhere website and the placement or transmission of any Content on the Here and Elsewhere website made by you. Here and Elsewhere reserves the right, in its sole discretion and at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
7. REMEDIES AND RECOURSE
7.1 If you are dissatisfied with Here and Elsewhere or these Terms, your sole and exclusive remedy is to discontinue using the Here and Elsewhere website and unsubscribe from our weekly email to you.
7.2 Here and Elsewhere can, at its sole discretion, cancel or suspend your subscription in whole or in part for any reason, including without limitation, the non-compliance with these Terms.
7.3 Here and Elsewhere reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular IP address to the Here and Elsewhere website.
To contact Here and Elsewhere in connection with these Terms or the Here and Elsewhere website, send an e-mail to email@example.com
Any dispute arising hereunder shall be governed exclusively by the laws of the province of British Columbia and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia and/or the Federal Court of Canada in British Columbia, or any other judicial district or jurisdiction as Here and Elsewhere may determine in any and all actions, disputes or controversies relating hereto. These Terms and any rules, policies, guidelines or other agreements posted to the Here and Elsewhere website by Here and Elsewhere constitutes the entire agreement between Here and Elsewhere and you with respect to your use of the Here and Elsewhere website.