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Acceptance
of Terms of Use
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS
CAREFULLY. HORIZON PARK MEDIA owns and operates this Web,
located at http://horizonparkmedia.com. This Terms of Use Agreement
(this Agreement) states the terms and conditions under which you
may access and use the Web site. By accessing and using the Web
site you are indicating your acceptance to be bound by the terms
and conditions of this Agreement. If you do not accept these terms
and conditions, you must not access or use the Web site. IF YOU
ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES
OR PRACTICES OF HORIZON PARK MEDIA OPERATING WEB SITE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. HORIZON PARK MEDIA
may revise this Agreement at any time by updating this posting.
Use of the Web site after such changes are posted will signify your
agreement to these revised terms. You should visit this page periodically
to review this Agreement.
Ownership
All materials displayed or otherwise accessible through the Web
site are protected under Canadian and foreign copyright or other
laws, and are owned by HORIZON PARK MEDIA. In addition, the Web
site is protected under copyright law as a collective work and/or
compilation pursuant to Canadian and foreign laws. You shall abide
by all additional copyright notices, information and restrictions
on or contained in any of the Content accessed through the Web site.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE
OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION,
REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT,
WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN,
IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF HORIZON
PARK MEDIA.
DISCLAIMER OF WARRANTIES
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND
USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB
SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. HORIZON PARK
MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE
AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION
OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE,
COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING,
WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR
SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL
BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III)
THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR
FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED;
(V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS;
AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE
OR NOT INTERCEPTED.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL HORIZON PARK MEDIA
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR
DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS,
LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER
ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN
IF HORIZON PARK MEDIA KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
HORIZON PARK MEDIA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB
SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY,
THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL HORIZON PARK MEDIA
BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER
WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY
USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE,
CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB
SITE LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT,
MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO
THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE
HORIZON PARK MEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT
YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING
FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE
THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
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