Terms of Service

Last Updated: May 18, 2022

 These Terms of Use (the “Terms”) govern your (“you”, “your”) access to and use of the website and its features (collectively, the “Services”) offered by ADVERTAZE MEDIA INC. (“we”, “us” or “our”).

BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE SERVICES.

RESPONSIBLE USE. In accessing and using the Services, you must not in any event: (a) breach or circumvent any laws or any third-party rights; (b) use the Services if you are not be able to form legally binding contracts (i.e., lacking legal capacity with respect to age, mental capacity or other factor); (c) not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose; (d) interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; (e) circumvent any technical measures we use to provide the Services or take any action to violate, interfere with or undermine the security or system integrity of the Services; (f) reproduce, copy, modify, adapt, exploit for commercial purposes, license, sublicense, distribute, transmit, translate, or create derivative works of, the Services or the content therein or any part thereof except with our prior written consent; or (g) take any action that would damage, harm, or diminish our reputation, goodwill, or public image.

PROPRIETARY RIGHTS. Except as otherwise provided herein, these Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. When providing information and content using the Services, directly or indirectly (the “User Data”), you grant us a non-exclusive, worldwide, fully-paid, royalty-free right and license to exercise any and all rights that you have in that User Data in connection with our provision of the Services to you, including without limitation for the improvement of our Services. You represent and warrant that, for all such User Data you provide to us: (a) you own or otherwise control all necessary rights to do so; and (b) our use of any such User Data by us or others in contract with us in compliance with these Terms does not and will not infringe any intellectual property rights, privacy rights or contractual rights of any third party. For certainty, we will retain and own a copy of any non-personally identifiable or aggregated information and/or data generated or collected by us in your access and use of the Services.

DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERRUPTION, SUITABILITY, UPTIME, QUALITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CERTAINTY, WE MAKE NO WARRANTY OR GUARANTEE WITH RESPECT TO THE RESULTS OF YOUR USE OF THE SERVICES. NOTHING IN THESE TERMS WILL RESTRICT OUR RIGHT TO UPDATE, IMPROVE, TERMINATE, SUSPEND, OR OTHERWISE CHANGE ANY PART OR WHOLE OF THE SERVICES IN OUR SOLE DISCRETION WITHOUT NOTICE. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, LINKS AND/OR APPLICATIONS ACCESSIBLE THROUGH OUR SERVICES.

RELEASE & INDEMNIFICATION. YOU HEREBY RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS AND ASSIGNS (THE “RELEASED PARTIES”) OF AND FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND DEMANDS (THE “CLAIMS”) OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHICH YOU CAN, WILL OR MAY HAVE IN CONNECTION WITH OR ARISING FROM THE SERVICES. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD THE RELEASED PARTIES HARMLESS AGAINST AND FROM ANY AND ALL THIRD-PARTY CLAIMS INCURRED OR SUFFERED BY THE RELEASED PARTIES AS A RESULT OF THE USER DATA YOU PROVIDE US.

GENERAL. We may modify these Terms at any time in our sole discretion, with or without notice, so please review them periodically. By continuing to use the Services after any modification, you consent to be bound by the modified Terms. These Terms will be governed and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Headings used in these Terms are for convenience of reference only. No rule of interpretation favoring one party over another based-on authorship will apply to these Terms. The words “herein”, “hereof”, “hereto”, “hereunder” and similar expressions mean and refer to these Terms as a whole and not to any particular part, section or other subdivision of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver under these Terms by us will be effective unless made in writing and signed by our authorized representative. Unless otherwise agreed between us in writing, these Terms, together with our Privacy Policy, constitute the entire agreement with respect to the subject matter contained herein. The invalidity or unenforceability of any provisions of these Terms will not affect the validity or enforceability of any other provision of these Terms, which will remain in full force and effect. Upon any determination by a court of competent jurisdiction that any term or other provision hereof is invalid, illegal or unenforceable, such impugned term will be modified so as to effect the original intent of the parties as closely as possible, to the maximum extent permissible under applicable law. The parties are independent contractors, and these Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship. Any notice, report or other communication required or permitted to be given by us will be deemed to have been received if sent to your last known email address. These Terms may not be assigned by you. We may assign these Terms at any time and from time to time with or without notice to you. These Terms will enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

THE TERMS AND CONDITIONS PROVIDED HEREIN WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND FORM AN ESSENTIAL CONDITION FOR OUR PROVISION OF THE SERVICES.