Effective Date: October 1, 2016
About This Agreement
These Terms govern your use of this web site and its associated services (the “Site”) regardless of how you access or use it. Martin Parsons - Intermar Productions Inc. and/or its affiliates, subsidiaries and related entities (“Martin Parsons - Intermar Productions Inc.,” “we,” “our,” or “us”) owns and operates this Site. These Terms also apply to interactive features, widgets, applications, content or downloads that are owned or controlled by Martin Parsons - Intermar Productions Inc., are available through the Site or that interact with the Site and post these Terms. These Terms do not apply to any other web site or any offline activities by Martin Parsons - Intermar Productions Inc. (unless specifically stated).
This Agreement is between you and Martin Parsons - Intermar Productions Inc.. Please review this Agreement carefully. This Agreement is legally-binding. By accessing, browsing, or using the Site, you agree to all the terms and conditions of this Agreement, and any additional terms that govern certain registrations, products or services offered via the Site that you take advantage of or participate in, which are presented in conjunction with such registrations, products or services (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
This Site may require you to register as a member or subscriber of the Site in order to take advantage of certain features or services of the Site. If you elect to take advantage of such features or services, you must register on the Site by completing the applicable registration form and creating an account (“Account”) with a unique User ID and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Site Content (defined below) participate in certain features of the Site or engage in the submission of User-Generated Content (defined below). By registering with the Site, you represent and warrant that the information you provide on the registration form is true, complete and accurate, and acknowledge that it is your responsibility to keep registration and credit card information (if any) current. You also agree that –
• your User ID is only for your personal use, that you will not sell, transfer or assign your Account, and that you will not allow others to use your Account or your User ID or password to access the Site under any circumstances;
• you are responsible for maintaining the confidentiality of your User ID and password, and for notifying Martin Parsons - Intermar Productions Inc. at email@example.com if you believe there is or may have been a compromise of your User ID or password, or any unauthorized use of your Account; and
• you are fully responsible for all transactions and other activities that are undertaken using your User ID or password, including unauthorized use, until you terminate your Account or notify Martin Parsons - Intermar Productions Inc. that your User ID or password has been lost, stolen or otherwise compromised.
Martin Parsons - Intermar Productions Inc. reserves the right to terminate your Account or otherwise deny you access, in its sole discretion without notice and without liability.
Access and correction to information we hold about you.
Where practicable you will have access to the information that you provide to us and can update that information if your circumstances have changed. You may request this information by writing to: Privacy Officer, (martinparsons.com) web education ABN 70077896694, 1/266 Princes Hwy Sylvania 2224, or by sending an email to us at firstname.lastname@example.org.
Exceptions to this include:
- where providing access will provide a serious threat to life or health of any individual or pose an unreasonable impact on the privacy of an individual;
- your request for access is frivolous or vexatious;
- where information relates to existing legal proceedings between martinparsons.com and you; or
- where providing access would be unlawful or may prejudice an investigation of possible unlawful activity.
Disclosure of personal information to third parties
MartinParsons.com may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If such a request is received, we will provide this information upon receipt of the appropriate documentation.
Personal information collected may be disclosed to third parties by martinparsons.com, for example:
- If you are informed at the time of collection of the information that such a disclosure may take place.
- For purposes related to the purpose for which the information was collected, for example, to complete a transaction on your behalf or provide you with a service that you requested. In some cases we contract with other companies to perform services for us. Examples of this include sending mail, faxes and emails; processing orders; providing marketing support; deliveries; market research; debt collection agencies and storing back-up copies of our databases. We will provide them only with such information about you as they need to perform their services, but we will impose strict requirements of security and confidentiality on them in how they handle your personal information. Also, they will not be permitted to use information about you for any purpose except to perform the services we have asked them to provide.
- We may share information about you with other business units across Envision academy trading as web education so we can provide you with products and services you have requested, and in order that they or martinparsons.com can bring you information about other martinparsons.com products and services.
2. Content You Submit and Community Usage Rules
A. User-Generated Content.
(i) General. Martin Parsons - Intermar Productions Inc. may now or in the future offer visitors to the Site the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Martin Parsons - Intermar Productions Inc. Licensed Elements included therein, “User-Generated Content”). Martin Parsons - Intermar Productions Inc. may do this through forums, blogs, message boards, social networking environments, social communities, e-mail, and another communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
In your communications with Martin Parsons - Intermar Productions Inc., please keep in mind that Martin Parsons - Intermar Productions Inc. does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, books, scripts, screenplays, motion pictures, television shows, theatrical productions, or webisodes (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed User-Generated Content and licensed to us as set forth below. In addition, Martin Parsons - Intermar Productions Inc. retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Martin Parsons - Intermar Productions Inc.’s receipt of your Unsolicited Ideas and Materials is not an admission by Martin Parsons - Intermar Productions Inc. of their novelty, priority, or originality, and it does not impair Martin Parsons - Intermar Productions Inc.’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to Martin Parsons - Intermar Productions Inc. of Your User-Generated Content. Except as otherwise described in any Additional Terms (such as a contest official rules), which govern the submission of your User-Generated Content), you hereby grant to Martin Parsons - Intermar Productions Inc., and you agree to grant to Martin Parsons - Intermar Productions Inc., the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to Martin Parsons - Intermar Productions Inc. to your User-Generated Content, you also hereby grant to Martin Parsons - Intermar Productions Inc., and agree to grant to Martin Parsons - Intermar Productions Inc., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 3(A)(iii).
(iv) Martin Parsons - Intermar Productions Inc.’s Exclusive Right to Manage All User-Generated Content. Martin Parsons - Intermar Productions Inc. may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Martin Parsons - Intermar Productions Inc. may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Martin Parsons - Intermar Productions Inc. reserves the right, however, to treat User-Generated Content on the Site as content stored at the direction of users for which Martin Parsons - Intermar Productions Inc. will not exercise control except to block or remove content that comes to Martin Parsons - Intermar Productions Inc.’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable, or to enforce the rights of third parties or the content restrictions set forth below in the Rules (defined in Section 3(B) below) when notice of their violation comes to Martin Parsons - Intermar Productions Inc.’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Site or elsewhere.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Martin Parsons - Intermar Productions Inc. the rights to it that you are granting by these Terms and any Additional Terms, all without any Martin Parsons - Intermar Productions Inc. obligation to obtain consent of any third party and without creating any obligation or liability of Martin Parsons - Intermar Productions Inc.; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Martin Parsons - Intermar Productions Inc.’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. Martin Parsons - Intermar Productions Inc. has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Martin Parsons - Intermar Productions Inc.’s cost and expense, to which you hereby consent and irrevocably appoint Martin Parsons - Intermar Productions Inc. as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules. As a user of the Site, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Site’s online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all the terms in these Terms, including these Rules:
• Your User-Generated Content Must Be Yours. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Martin Parsons - Intermar Productions Inc.. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Martin Parsons - Intermar Productions Inc. as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
• Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Site, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
• Act Appropriately. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Site. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
• Does your User-Generated Content contain music? Your User-Generated Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
• Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
• Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
• No violence. Your User-Generated Content may not promote violence or describe how to perform a violent act.
• Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
• Others Can See. We hope that you will use the Communities to exchange information and content and have discussions with other members. However, please remember that the Communities are a public forum and User-Generated Content that you submit on the Site within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
• Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Martin Parsons - Intermar Productions Inc..
• Don’t Damage the Site or Anyone’s Computers or Other Internet Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or other Internet Device.
If you submit User-Generated Content that Martin Parsons - Intermar Productions Inc. reasonably believes violates these Rules, then we may take any legal action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Site.
(ii) Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
C. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to email@example.com. For alleged infringements of intellectual property rights, see Section 5 below.
3. Contests, Sweepstakes, Auctions and Other Promotions
From time to time, Martin Parsons - Intermar Productions Inc. may conduct promotions on or through the Site, including without limitation, contests, sweepstakes, auctions and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Rules”), which will be posted or otherwise made available to you. The Rules for each Promotion in which you participate will be deemed incorporated into and form a part of this Agreement. It is your responsibility to read the Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
4. Linked-To Websites; Advertisements; Dealings with Third Parties
A. Linked Websites; Advertisements. The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites (“Linked Websites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Martin Parsons - Intermar Productions Inc.. Martin Parsons - Intermar Productions Inc. may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and Martin Parsons - Intermar Productions Inc. does not assume any obligation to review any Linked Websites. Martin Parsons - Intermar Productions Inc. does not endorse, approve, or sponsor any Linked Websites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Martin Parsons - Intermar Productions Inc. is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Martin Parsons - Intermar Productions Inc. will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. Martin Parsons - Intermar Productions Inc. disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Martin Parsons - Intermar Productions Inc. disclaims all liability in connection with therewith.
5. Limitation of Liability/Waiver of Unknown Claims
A. LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE MARTIN PARSONS - INTERMAR PRODUCTIONS INC. PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE SITE CONTENT; (C) THE DOWNLOADABLE ITEMS; (D) USER-GENERATED CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MARTIN PARSONS - INTERMAR PRODUCTIONS INC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MARTIN PARSONS - INTERMAR PRODUCTIONS INC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE MARTIN PARSONS - INTERMAR PRODUCTIONS INC. PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MARTIN PARSONS - INTERMAR PRODUCTIONS INC. PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00 USD).
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE SITE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE SITE CONTENT.
B. WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend (if requested by Martin Parsons - Intermar Productions Inc.), indemnify and hold harmless the Martin Parsons - Intermar Productions Inc. Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User-Generated Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Martin Parsons - Intermar Productions Inc. Parties’ use of your information. You will cooperate as fully required by the Martin Parsons - Intermar Productions Inc. Parties in the defense of any claim. Notwithstanding the foregoing, the Martin Parsons - Intermar Productions Inc. Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Martin Parsons - Intermar Productions Inc. Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Martin Parsons - Intermar Productions Inc. Parties.
7. Governing Law, Jurisdiction and No Class Actions
We hope we never get into any disputes with you but just in case, here are some things that would apply:
A. GOVERNING LAW/JURISDICTION. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE PROVINCIAL OR FEDERAL COURTS LOCATED IN TORONTO, ONTARIO AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN TORONTO, ONTARIO FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
B. No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Site will be resolved individually, without resort to any form of class action.
8. Termination and Modifications
A. Termination. Martin Parsons - Intermar Productions Inc. reserves the right to terminate your access to and use of the Site, in its sole discretion, without notice and liability, including, without limitation, if Martin Parsons - Intermar Productions Inc. believes your conduct fails to conform with these Terms. Martin Parsons - Intermar Productions Inc. also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Martin Parsons - Intermar Productions Inc.. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
B. Modifications. Martin Parsons - Intermar Productions Inc. reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Site Content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Martin Parsons - Intermar Productions Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
What happens upon Termination? Upon termination of your access to the Site, or upon demand from Martin Parsons - Intermar Productions Inc., all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site, including links to the Site; and (b) destroy all Site Content obtained from the Site and all related documentation.
9. Location of Site and Territorial Restrictions
A. Location of Site. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Martin Parsons - Intermar Productions Inc. to any registration requirement within such jurisdiction or country. Martin Parsons - Intermar Productions Inc. controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on his or her own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
B. Software. Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
10. Updates to Terms
Martin Parsons - Intermar Productions Inc. reserves the right to modify or add to these Terms or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
This Agreement cannot be changed or terminated orally. Any failure of Martin Parsons - Intermar Productions Inc. to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by Martin Parsons - Intermar Productions Inc. of any provision of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Martin Parsons - Intermar Productions Inc.. Martin Parsons - Intermar Productions Inc. may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Martin Parsons - Intermar Productions Inc.. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these terms will not be construed against Martin Parsons - Intermar Productions Inc. by virtue of having drafted them. Martin Parsons - Intermar Productions Inc. reserves the right to deny access to all or part of the Site to you or any person in its sole discretion without notice or liability of any kind. Any violation of this Agreement may be referred to law enforcement authorities. This Agreement, together with any Rules, constitutes the entire understanding and agreement between you and Martin Parsons - Intermar Productions Inc. and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site and services provided by the Site.
12 Payment, Pricing & Promotions
All prices on this website are displayed in American Dollars (usd)
13. Personal Information
MartinParsons.com publicly commits to observe the following standards dealing with privacy in the context of its activities done in the course of journalism as a media organisation:
A. Collection of personal information
When gathering news, current affairs or information, authors should only use personal information in the public interest. In doing so, authors should not unduly intrude on the privacy of individuals and should show respect for the dignity and sensitivity of people encountered in the course of gathering news, current affairs or information. News, current affairs or information obtained by unfair or dishonest means should not be published unless there is an overriding public interest. Generally, authors should identify themselves as such. Public figures necessarily sacrifice their right to privacy, where public scrutiny is in the public interest. However, public figures do not forfeit their right to privacy altogether. Intrusion into their right to privacy must be related to their public duties or activities.
B. Use and disclosure of personal information
Personal information gathered by authors should only be used for the purpose for which it was intended.
A person who supplies personal information should have a reasonable expectation that it will be used for the purpose for which it was collected.
Some personal information, such as addresses or other identifying details, may enable others to intrude on the privacy and safety of individuals who are the subject of, or referred to in, news coverage or a publication; or the privacy of those individuals’ families. To the extent lawful and practicable, authors should only disclose sufficient personal information to identify the persons being reported in the news, or referred to in a publication, so that these risks can be reasonably avoided.
C. Quality of personal information
MartinParsons.com should take reasonable steps to ensure that the personal information it collects is accurate, complete and up-to-date.
D. Security of personal information
MartinParsons.com should take reasonable steps to ensure that the personal information it holds is protected from misuse, loss or unauthorised access.
E. Anonymity of sources
All persons who provide information to media organisations are entitled to seek anonymity. The identity of confidential sources should not be revealed, and where it is lawful and practical, martinparsons.com should ensure that any personal information which it holds derived from such sources does not identify the source.
F. Correction, fairness and balance
Where individuals are singled out for criticism, the publication should ensure fairness and balance in the original published material. Failing that, and provided that martinparsons.com in its absolute discretion decides that it is commercially viable to do so, a reasonable opportunity for a balancing response will be provided for those publications which are published periodically. MartinParsons.com will take steps to correct any of its records containing personal information which has been published and which is found to be harmfully inaccurate, so as to avoid the harmful inaccuracy being published again.
G. Sensitive personal information
Martinparsons.com publications should not place any gratuitous emphasis on the race, ethnic origin, political opinions, religion, philosophical beliefs or sexual orientation of an individual. Nevertheless, where it is relevant and in the public interest to report and express opinions in these areas, martinparsons.com publications may do so. Members of the public caught up in newsworthy events should not be exploited. A victim or bereaved person has the right to refuse or terminate an interview or photographic session at any time.
Unless otherwise restricted by law or court order, open court hearings are matters of public record and can be reported by the media. Such reports need to be fair and balanced. They should not identify relatives or friends of people accused or convicted of crime unless the reference to them is necessary for the full, fair and accurate reporting of the crime or subsequent legal proceedings; or analysis of the legal principles or concepts involved in the matter.
If you have questions about this Agreement you may contact us at firstname.lastname@example.org or:
Martin Parsons - Intermar Productions Inc. – Intermar Productions
2516 Parmeer Drive
Mississauga, ON L5C 3B2
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