Terms of Use

Welcome to www.privateplacements.com ("PP" or our "Website"), providing web-based aggregated third party financial content, Blender Media Inc., a company registered under the laws of British Columbia, Canada (together with its successors and assigns, collectively, "Blender Media").

These Terms of Use, PP's Privacy Policy and Disclaimer and any other general rules, practices, policies, limits and/or restrictions applicable to your use of PP, including without limitation any Site Materials, Tools and/or Services (as defined below), together, form the "Terms and Policies" of our Website.

PLEASE READ THE TERMS AND POLICIES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Please read these Terms of Use carefully to understand our policies and practices regarding user's conduct on our Website. By accessing or using PP and any information, data, content, views, recommendations, opinions, photos, messages, notes, text, ideas, concepts, claims, statements, advertising or any other information, materials and the like (collectively, the "Site Materials") and/or any tools, applications and the like (collectively, the "Tools") contained on, distributed through and/or linked, downloaded or accessed from any of the services contained on PP (collectively, the "Services"), you acknowledge that you have read, understand and agree to be bound by the Terms and Policies.

Blender Media reserves the right, at its sole discretion and at any time, to change, modify, add or delete portions of the Terms and Policies without further notice. Any revised Terms and Policies will be posted on PP and the date at the top of the page will indicate the date when the Terms and Policies were last revised. Your access or use of PP after any changes to the Terms and Policies constitutes your acceptance of those changes. If you do not agree to the current or any future revised Terms and Policies, do not access and use (or continue to access and use) PP, including without limitation any Site Materials, Tools and/or Services. It is important that you regularly check the Terms and Policies to determine if there have been any revisions to the Terms and Policies.

PP is not directed at persons who are residents of any country where dissemination of any of the information contained on PP is not permitted.

GENERAL NOTICE CONCERNING YOUR USE OF PP

PLEASE NOTE:

BLENDER MEDIA AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS AND THE LIKE ("REPRESENTATIVES"):

  • DO NOT GIVE ANY TAX OR ANY INVESTMENT ADVICE; AND
  • DO NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.

SITE MATERIALS ARE INTENDED AS GENERAL INFORMATION. NONE OF THE SITE MATERIALS CONSTITUTES AN:

  1. OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY BY BLENDER MEDIA AND/OR ITS REPRESENTATIVES ANY SECURITY OR OTHER INVESTMENT;
  2. OFFER BY BLENDER MEDIA AND/OR ITS REPRESENTATIVES TO PROVIDE INVESTMENT SERVICES OF ANY KIND; AND/OR
  3. INVITATION, INDUCEMENT OR ENCOURAGEMENT BY BLENDER MEDIA AND/OR ITS REPRESENTATIVES TO ANY PERSON TO MAKE ANY KIND OF INVESTMENT DECISION.

YOU SHOULD NOT RELY ON SITE MATERIALS FOR INVESTMENT OR TRADING PURPOSES. SECURITIES OR OTHER INVESTMENTS REFERRED TO IN ANY SITE MATERIALS MAY NOT BE SUITABLE FOR YOU AND YOU SHOULD NOT MAKE ANY KIND OF INVESTMENT DECISION IN RELATION TO THEM WITHOUT FIRST OBTAINING INDEPENDENT INVESTMENT ADVICE FROM A PERSON AUTHORISED TO GIVE IT.

FROM TIME TO TIME, BLENDER MEDIA AND ITS REPRESENTATIVES, INCLUDING WITHOUT LIMITATION PERSONS INVOLVED IN THE PREPARATION OF CERTAIN PP SITE MATERIALS, MAY HAVE LONG OR SHORT POSITIONS IN, AND BUY AND SELL THE SECURITIES OR DERIVATIVES (INCLUDING OPTIONS) OF COMPANIES MENTIONED IN SITE MATERIALS.

ANY REFERENCE TO PRODUCTS, SERVICES, AND THE LIKE ON PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS AND/OR SERVICES, DOES NOT CONSTITUE NOR IMPLY ANY RECOMMENDATION OR ENDORSEMENT THEREOF OR ANY AFFILIATION WITH BLENDER MEDIA AND/OR ITS REPRESENTATIVES.

ELIGIBILITY

Access to and use of PP, including without limitation any Site Materials, Tools and/or Services, are intended solely for persons who can form legally binding contracts under applicable law and who have lawful Internet access. PP, including without limitation any Site Materials, Tools and/or Services, are not intended for individuals under the age of 19, or age of majority in your jurisdiction of residence, whichever is less. If you do not qualify, please do not use or access PP.

You are responsible for obtaining lawful Internet access, including without limitation your responsibility for any equipment necessary to access the Internet and PP, including without limitation any Site Materials, Tools and/or Services, and for any third party fees (such as Internet service provider or carrier airtime, messaging, data and other rates and fees) associated with such access.

REGISTRATION

With respect to your access to and use of PP, including without limitation any Site Materials, Tools and/or Services, as permitted hereunder, you agree:

  1. to provide true, accurate, current and complete information about yourself as may be requested, required or prompted during your registration to access and use of PP, including without limitation any Site Materials, Tools and/or Services ("Registration Data");
  2. to maintain and promptly update any Registration Data and any other information submitted to PP to keep it true, accurate, current and complete;
  3. to be responsible for the confidentiality and security of your account, username, other identification and password;
  4. to not disclose to or share your password;
  5. to notify Blender Media immediately of any loss, theft, or unauthorized use of your account, username, other identification and/or password;
  6. to be responsible for any use of your account and any actions taking place using your account; and
  7. that the password associated with your account is the property of Blender Media and is not your personal information.

You acknowledge that accessing and using PP, including without limitation any Site Materials, Tools and/or Services, on two or more computers simultaneously using the same account and password is in violation of the Terms and Policies.

SUBSCRIPTION SERVICES

Blender Media reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue any subscription service, in whole or in part, including but not limited to changing service provider, content creators, writers editors, delivery method. Blender Media may also impose limitations or restrictions upon and may revoke your access to and your use of any subscription service, in whole or in part, without prior notice.

PERMITTED USE OF PP

PP, including without limitation any Site Materials, Tools and/or Services, are owned by Blender Media, its licensors and/or its information providers, as applicable, with all rights reserved. PP, including without limitation any Site Materials, Tools and/or Services, are for your personal and non-commercial use only and may not be used in connection with any commercial endeavors, except those that are specifically pre-approved in writing by a duly authorized representative of Blender Media.

Provided that you have been granted the necessary authorization and/or other rights to access and use of PP by Blender Media, to the extent permitted by the Terms and Policies and subject to prohibitions under the heading "PP Prohibited User Conduct" listed below, you are granted a limited, non-exclusive, revocable, non-assignable and terminable license (with no sublicense rights) to:

  1. access and use PP;
  2. download or print a copy of any portion of permitted and authorized Site Materials to which you have properly gained access solely and strictly for your personal and non-commercial use, provided that you keep any copyright or other proprietary rights notices intact; and
  3. to access and use any permitted and authorized Tools and/or Services to which you have properly gained access solely and strictly for your personal and non-commercial use. This license is revocable at any time without notice and with or without cause.

Any use of PP other than as specifically authorized herein, without the prior written permission of Blender Media, is strictly prohibited. and will terminate any license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms and Policies shall be construed as conferring any license to intellectual property rights of Blender Media and/or any third parties, including without limitation Blender Media's licensors and/or information providers, whether by estoppel, implication or otherwise.

PP PROHIBITED USER CONDUCT

You will not and will not permit any third party to:

  1. copy, upload or republish any Site Materials, Tools and/or Services, or any portion thereof:
    1. onto any Internet, Intranet or Extranet site and/or incorporate any of the same into any other database or compilation; or
    2. for use with any information retrieval and/or provision service;
  2. modify, reproduce, frame, download, distribute, transmit, disseminate, process, license, provide any third party access to, transfer, assign, or sell and/or exploit for any commercial purpose any of the Site Materials, Tools and/or Services, or any portion thereof, obtained or accessed from PP, except to the extent you download and print permitted and authorized Site Materials to which you have properly gained access and/or access and use any permitted and authorized Tools and/or Services to which you have properly gained access, solely and strictly for your permitted personal and non-commercial use hereunder;
  3. harvest or collect e-mail addresses, contact or other personal information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  4. register for more than one user account, register for a user account on behalf of an individual other than yourself, use or attempt to use another individual's account without prior written authorization from Blender Media and/or create a false identity on PP;
  5. use any automated scripts, automated query systems, data mining, robots or similar data gathering or extraction methods to collect information from or otherwise interact with PP, including without limitation any Site Materials, Tools and/or Services. Any such use is strictly prohibited and will result in immediate termination of your access and use of PP, including without limitation any Site Materials, Tools and/or Services;
  6. impersonate any person or entity, use a false name or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
  7. use PP, including without limitation any Site Materials, Tools and/or Services, in any unlawful manner and/or with any device, software, routine or in any other manner that could:
    1. interfere with the proper working of, damage, disable, overburden or impair PP, including without limitation any Site Materials, Tools and/or Services;
    2. restrict or inhibit any other person from accessing, using or enjoying PP, including without limitation any Site Materials, Tools and/or Services;
    3. impose an unreasonable or disproportionately large data load on Blender Media's infrastructure;
    4. expose Blender Media, its Representatives, its licensors, its Information Providers, its distribution partners and/or its users to any harm or liability of any type;
    5. intentionally or unintentionally encourage or provide instructions for a criminal offense, violate the rights of any party, and/or otherwise create liability or violate any applicable local, state, provincial, national or international law, including without limitation any applicable securities and/or export control laws; or
    6. intimidate or harass another.

BLENDER MEDIA, ITS LICENSORS' AND INFORMATION PROVIDERS' INTELLECTUAL PROPERTY RIGHTS

You understand and agree that you have no right, title and interest in and to PP, including without limitation any Site Materials, Tools and/or Services, and/or any associated intellectual property (as applicable), including without limitation, any of the components, processes, software, content, information and/or data associated with PP, including without limitation any Site Materials, Tools and/or Services.

You agree that you will not, except as otherwise permitted by the Terms and Policies, disclose, make use of, sell or otherwise violate or infringe upon Blender Media's, its licensors' and/or its information providers' intellectual property or any derivatives thereof because such intellectual property is owned solely and exclusively by Blender Media, its licensors and/or information providers, as applicable.

Your use of certain of PP, including without limitation any Site Materials, Tools and/or Services, may require your agreement to additional terms established by Blender Media or other third parties, such as licensors and information providers; to the extent of any inconsistency between the Terms and Policies and such additional terms with respect to any such Site Materials, Tools and/or Services, such additional terms shall govern.

You hereby acknowledge and agree that any market data information provided is:

  1. the property of the various information providers, such as securities exchanges, public disclosure filing systems, and therefore may be subject to conditions of use, formatting, modification, transmission, delay and the like by such information providers; and
  2. is controlled by all copyright and other interests maintained by such information providers.

You agree that upon any violation of this covenant, Blender Media shall suffer irreparable harm and shall be entitled to injunctive relief against any further violation, in addition to any other damages, at law and in equity, to which Blender Media may be entitled. This covenant is independent of any other covenant, term or condition of these Terms of Use and shall survive the expiration or termination of these Terms of Use, it being understood that but for the giving of this covenant, Blender Media would not have entered into these Terms of Use.

REGISTRATION DATA

With respect to Registration Data, you agree that:

  1. you are solely responsible for your Registration Data; however, Blender Media reserves the right to take any action, including without limitation deletion or removal (without notice), with respect to your Registration Data that Blender Media deems necessary or appropriate, in its sole discretion;
  2. the Services may include certain communications from Blender Media and other third parties, such as service announcements, administrative messages, news releases, alerts and the like that are considered part of your permitted access to and use of PP, including without limitation any Site Materials, Tools and/or Services. While Blender Media gives users options, where necessary and/or practical, with respect to opting-out of or unsubscribing to certain communications, you may not be able to opt out of receiving certain service announcements and administrative messages.

ADVERTISERS AND LINKS TO THIRD PARTY SITES

You agree that any of your communications or dealings with or participation in promotions of advertisers found on PP, including without limitation any Site Materials, Tools and/or Services, including without limitation your display, acquisition, use and/or delivery of and/or payment for any related content, advertising, goods, services, information or other materials (collectively, the "Products"), and any other terms, warranties, representations, covenants, conditions or the like associated with any such dealings, are solely between you and such advertiser.

YOU AGREE THAT BLENDER MEDIA, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND/OR CONDITIONS CONCERNING ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU OR ANY THIRD PARTY AS A RESULT OF SUCH PRODUCTS, DEALINGS OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS AND/OR SERVICES.

PP, including without limitation any Site Materials, Tools and/or Services Service may provide, or third parties may provide, links to other Internet sites or resources. Blender Media has no control over such sites and resources.

YOU AGREE THAT BLENDER MEDIA, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND/OR CONDITIONS CONCERNING:

  • THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY PRODUCTS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES; OR
  • ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH PRODUCTS AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

COMPLAINTS OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT AND VIOLATIONS OF TERMS AND POLICIES

If you reasonably believe that any material posted on PP infringes upon any copyright, trademark and/or other intellectual property which you own or control, please provide Blender Media with the following information:

  1. an electronic or physical signature of the copyright, trademark and/or other intellectual property owner or person authorized to act on behalf of the owner of the same;
  2. a description of the copyrighted work, trademark or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is posted on PP, including without limitation any Services, Site Materials and/or Tools;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark and/or other intellectual property owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark and/or other intellectual property owner or authorized to act on such owner's behalf.

You specifically acknowledge that any information provided by you in respect of such infringement is provided at your own risk. Blender Media cannot ensure or warrant the security of any such information you transmit to us.

If you wish to make a complaint regarding a possible violation of the Terms and Policies by any user conduct or any material posted on PP, including without limitation any Site Materials, Tools and/or Services, you may provide Blender Media with the following information:

  1. a description of the user conduct or material that you claim violates the Terms and Policies;
  2. a description of where any material that you claim violates the Terms and Policies is posted on PP;
  3. the time and date of such posting;
  4. your name, address, telephone number, and email address; and
  5. a written statement by you as to why you believe the user conduct or other material violates the Terms and Policies.

Blender Media will evaluate any notice of claims of copyright infringement and any complaints regarding a possible violation of the Terms and Policies and may take action in response to the same.

All such rules and procedures shall be subject to modification, at the sole discretion of Blender Media, at any time.

INFRINGEMENT AND VIOLATION

Blender Media may, in appropriate circumstances and at its sole discretion:

  1. terminate or suspend your membership; and/or
  2. limit your access to and/or use of PP, including without limitation any Site Materials, Tools and/or Services, in both cases if either:
    1. Blender Media deems that you have infringed the copyright and other intellectual property rights of others, whether or not there is any repeat infringement; and/or
    2. Blender Media deems that your conduct has violated the Terms and Policies, whether or not there is any repeat violation.

USER DISPUTES

You are solely responsible for your interactions with other users of PP, including without limitation any Site Materials, Tools and/or Services. Blender Media does reserve the right, but has no obligation, to monitor disputes between any users.

IF YOU HAVE A DISPUTE WITH OTHER USER(S), YOU RELEASE BLENDER MEDIA AND ITS REPRESENTATIVES FROM, AND WAIVE ANY RIGHTS THAT YOU MAY HAVE AGAINST BLENDER MEDIA AND ITS REPRESENTATIVES BY REASON OF ANY COMMON LAW OR STATUTE APPLICABLE AT THE TIME OF THE DISPUTE WITH RESPECT TO, ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, OF ANY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS AND/OR SERVICES.

PRIVACY

For the purposes of allowing Blender Media to use your Registration Data and any other personal information provided by you in connection with your access to and use of PP, you consent to the collection, storage, use and/or disclosure of your Registration Data and such other personal information by or on behalf of Blender Media, as set forth in Blender Media's Privacy Policy, including without limitation, Blender Media:

  1. maintaining and/or disclosing your Registration Data and such other personal information, if Blender Media reasonably believes such preservation and/or disclosure is:
    1. necessary to enforce the Terms and Policies;
    2. necessary to respond to claims by third parties respecting any of your Registration Data; and/or
    3. necessary to protect the rights, property, or personal safety of you, Blender Media, other users PP, including without limitation any Site Materials, Tools and/or Services and/or other third parties; and/or
  2. transferring your Registration Data and such other personal information to and from Canada and/or other countries for storage, processing and use by Blender Media in order to provide you with access to and use of PP, including without limitation any Site Materials, Tools and/or Services.

PP's Privacy Policy can be viewed by clicking here.

DISCLAIMERS

In addition to any other disclaimers found elsewhere in the Terms and Policies, you expressly understand and agree that to the maximum extent permitted by applicable law that:

  1. YOUR ACCESS TO AND USE OF PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS AND/OR SERVICES, SHALL BE AT YOUR SOLE RISK. PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS AND/OR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
  2. BLENDER MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACURACY, TIMELINESS AND NON-INFRINGEMENT, WITH RESPECT TO THEM; AND
  3. BLENDER MEDIA, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR DISTRIBUTION PARTNERS ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, COVENANTS AND/OR CONDITIONS CONCERNING:
    1. THE AVAILABILITY, TIMELINESS, RELIABILITY, ACCURACY, INTEGRITY, SECURITY, USEFULNESS AND/OR QUALITY OF PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS AND/OR SERVICES, AND/OR ANY PRODUCTS;
    2. ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT AND/OR DESTRUCTION WITH RESPECT TO PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS OR SERVICES;
    3. THE CORRECTION OF ANY ERRORS ON PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS OR SERVICES;
    4. ANY COMMENTS, RATINGS, RANKINGS OR THE LIKE OF ANY SITE MATERIALS, BY BLENDER MEDIA OR ANY THIRD PARTIES OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN OR IN CONNECTION WITH PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS OR SERVICES;
    5. ANY OBLIGATION OF BLENDER MEDIA TO MONITOR OR REVIEW OF PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS OR SERVICES OR ANY PRODUCTS;
    6. ANY UNAUTHORIZED ACCESS TO AND/ OR ALTERATION OF PP, INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS AND/OR SERVICES;
    7. ANY COMMUNICATIONS, INCLUDING WITHOUT LIMITATION ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF COMPUTER SYSTEMS, SERVERS OR PROVIDERS OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR ON ACCOUNT OF TECHNICAL PROBLEMS OR COMBINATION THEREOF; OR
    8. ANY INJURY OR DAMAGE TO YOUR OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM ANY ACCESS TO AND/OR USE OF PP , INCLUDING WITHOUT LIMITATION ANY SERVICES, SITE MATERIALS AND/OR TOOLS.

LIMITATION ON LIABILITY

In addition to any other limitation of liability found elsewhere in the Terms and Policies, you expressly understand and agree that to the maximum extent permitted by applicable law:

  1. IN NO EVENT SHALL BLENDER MEDIA, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS' BE LIABLE, JOINTLY OR SEVERALLY, TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, BUSINESS OR GOODWILL, ARISING FROM AND/OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF PP , INCLUDING WITHOUT LIMITATION ANY SITE MATERIALS, TOOLS AND/OR SERVICES, AND/OR PRODUCTS, EVEN IF BLENDER MEDIA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE CAUSE AND WHETHER IN CONTRACT, TORT OR OTHERWISE;
  2. IN NO EVENT SHALL BLENDER MEDIA, ITS REPRESENTATIVES, ITS INFORMATION PROVIDERS AND/OR ITS DISTRIBUTION PARTNERS' BE LIABLE, JOINTLY OR SEVERALLY, TO YOU AND/OR ANY THIRD PARTY FOR ANY USE OF SERVICES, INCLUDING, BUT NOT LIMITED TO, FAILURE OR MALFUNCTION OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR DUE TO ANY "FORCE MAJEURE" (E.G., EARTHQUAKES, FLOOD OR OTHER ACTS OF GOD), OR TO ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF BLENDER MEDIA OR ANY THIRD PARTY; AND/OR
  3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL BLENDER MEDIA'S, ITS REPRESENTATIVES', ITS INFORMATION PROVIDERS' OR ITS DISTRIBUTION PARTNERS' LIABILITY FOR ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED FIVE CANADIAN DOLLARS ($5 CDN).

INDEMNITY

You hereby agree to indemnify, defend and hold Blender Media, its subsidiaries and other affiliates and their Representatives, licensors, information providers and/or distribution partners and all of their respective officers, directors, employees, contractors, consultants, agents and the like harmless from and against all liability, claims, damages, expenses and costs, including, without limitation, reasonable legal fees, arising out of or in connection with:

  1. your access and/or use of PP, including without limitation any Site Materials, Tools and/or Services; and/or
  2. any breach of your obligations, representations, warranties, guarantees and the like under the Terms and Policies.

SUBMISSIONS

Any questions, comments, suggestions, ideas, feedback or any other information ("Submissions") relating to PP provided by you to Blender Media shall become the sole property of Blender Media. Effective upon creation, you hereby assign and transfer to Blender Media all right, title and interest in and to such Submissions and waive any moral rights that you might have in and to any such Submissions as against any person. Blender Media shall have the unrestricted ability to use such Submissions for any purpose, without acknowledgement or further compensation to you.

NOTICES

Except as explicitly stated otherwise, any notices to Blender Media shall be given via Blender Media's feedback form and any notices to you shall be given via the email address that you provided to Blender Media during the registration process. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Members of PP are required to provide a valid email address to Blender Media.

TERMINATION OR SUSPENSION

Blender Media may terminate or suspend your membership, terminate the Terms and Policies, delete your Registration Data, in whole or in part, and/or limit, restrict and/or prohibit you from accessing and using PP, including without limitation any Site Materials, Tools and/or Services, for any reason, at any time, at its sole discretion, with or without notice. The sections of these Terms of Use titled, "Limitation on Liability", "Indemnity", "Submissions", "Blender Media, Its Licensors' and Information Providers' Intellectual Property Rights", "Governing Law and Forum", "Entire Agreement and Waiver", "Severability" and "Enforcement Rights of Licensors and Information Providers" and PP's Disclaimer, together with any terms necessary for their interpretation and enforcement, shall survive any termination of the Terms and Policies.

ENTIRE AGREEMENT AND WAIVER

The Terms and Policies constitute the entire agreement between Blender Media and you regarding your access to and use of PP, including without limitation any Site Materials, Tools and/or Services, and/or Products and supersedes any prior agreements between Blender Media and you regarding the same. Blender Media's failure to exercise or enforce any of its rights under the Terms and Policies shall not constitute a waiver of such rights in that or any other instance. Blender Media reserves the right to modify the terms and conditions of the Terms and Policies, at any time and without prior notice, as set forth herein.

SEVERABILITY

To the extent that any term of the Terms and Policies is determined by a competent authority to be invalid, illegal or otherwise unenforceable, then that term will be limited to the extent necessary to render the Terms and Policies valid and enforceable if possible. The remaining terms will be enforced to give effect to the intention of the parties insofar as possible.

ASSIGNMENT

You may not assign, in whole or in part, any of your rights or obligations under the Terms and Policies, without the prior written consent of a duly authorized representative of Blender Media and other than as set forth in the Terms and Policies, there shall be no third party beneficiaries.

GOVERNING LAW AND FORUM

The Terms and Policies shall be construed and enforced in accordance with the laws of the Province of British Columbia, Canada (without regard to its conflict of laws rules) and the applicable federal laws of Canada. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and agree to:

  1. submit themselves to the exclusive jurisdiction and venue of the courts of the Province of British Columbia, Canada; and
  2. irrevocably waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Terms of Use.

INTERPRETATION

The language in all parts of the Terms and Policies shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the parties hereto. Any rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Terms and Policies. Each of the terms "including", "include" and "includes", when used in the Terms and Policies, is not limiting whether or not non-limiting language (such as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto. The division of the Terms and Policies into sections, paragraphs and the like and the insertion of headings, are for convenience of reference only and will not affect the construction or interpretation of the Terms and Policies. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action by or on behalf of you arising out of or related to use of PP, including without limitation any Site Materials, Tools and/or Services, or related to the Terms and Policies must be filed within two (2) years after such claim or cause of action arose or be forever barred.

FURTHER ASSURANCES

You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Blender Media may reasonably require from time to time for the purpose of giving effect to the Terms and Policies.

ENFORCEMENT RIGHTS OF LICENSORS AND INFORMATION PROVIDERS

The rights and limitations contained in the Terms and Policies which apply to Blender Media's licensors, information providers and/or distribution partners are for the benefit of such licensors, information providers and/or distribution partners, each of which shall have the right to enforce its rights hereunder both directly and on its own behalf.

LANGUAGE

The parties declare that they have required that the Terms and Policies and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu'ils exigent que ces "Terms and Policies" et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.

CHANGE IN PP AND/OR SITE MATERIALS

Blender Media may, at any time and in its sole discretion, add, delete or change in any manner PP, including without limitation any Site Materials, Tools and/or Services, or any portion thereof. In addition, you agree that Blender Media may:

  1. establish general rules, practices, policies, limits and/or restrictions concerning your use of PP, including without limitation any Site Materials, Tools and/or Services, or any portion thereof PP, including without limitation any Site Materials, Tools and/or Services, or any portion thereof;
  2. change these general rules, practices, policies, limits and/or restrictions at any time, in its sole discretion, with or without notice; and/or
  3. terminate user accounts or memberships that are inactive for a certain period of time as determined by Blender Media. Blender Media may also, in its sole discretion and without any obligation, delete, remove, make changes to and/or correct any error or omissions in any portion of any Site Materials.

PP
PP, including without limitation any Site Materials, Tools and/or Services, are provided by:        
      Blender Media Inc.
      1480 – 1500 W Georgia Street
      Vancouver, BC
      V6G 2Z6

Please direct any questions or concerns regarding the Terms and Policies to [email protected].

I HAVE READ THE TERMS AND POLICIES AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.