© Xtrania Information Services Inc. 2008
All rights reserved. Xtrania Information Services Inc. is the owner of this web site and its contents under the copyright law of Canada, the United States of America, and other countries.
The characters and events depicted on this web site and in its contents are fictional, and any similarity to actual persons, living or dead, or to actual events, is purely coincidental.
This web site and its contents are protected by the copyright laws of Canada, the United States of America and other countries. No duplication, copying or use of all or part of this web site or its contents is authorized without the express, written and advance consent of Xtrania Information Services Inc. (“Xtrania”). Any unauthorized duplication, copying or use of all or part of this web site or its contents may result in civil liability and/or criminal proceedings in accordance with applicable laws.
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE (”TOS”) BEFORE USING THIS SITE. By accessing, linking to, or using this site, or any service or material on this site or material derived from it, you signify YOUR ACCEPTANCE OF THE TOS. But Xtrania reserves the right to amend, remove, or add to the TOS at any time, and such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site or any service or material on or derived from this site. Your accessing, linking to, or using the site or any such service or material after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE MODIFIED TOS. If at any time you do not wish to accept the TOS, you may not access, link to, or use the site, such service or material. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Xtrania and shall be of no force or effect.
A. General Terms
1. User Consent to the TOS.
You represent and warrant that you have read and agree to be bound by the TOS.
2. Intellectual Property.
Without derogating from anything said above, this web site, including but not limited to text, content, photographs, video, audio graphics, characters, stories and goods (the “Service”), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the United States of America and other countries. The Service is also protected as a collective work or compilation under Canadian and American copyright and other laws and treaties. All individual elements making up the Service are also copyrighted and protected works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Xtrania through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Xtrania. You agree to protect the proprietary rights of Xtrania and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Xtrania or its suppliers of content, equipment, or otherwise (”Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify Xtrania in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Xtrania, at all times be and remain the sole and exclusive property of Xtrania. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Xtrania for its exclusive use. Except as expressly and specifically permitted by Xtrania in writing and in advance, you shall not copy or make any use of the Service or any portion thereof, and you shall not use Xtrania’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose.
3. Restrictions on Use.
YOU SHALL NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TOS. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, DIRECTLY OR INDIRECTLY, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE, OR DISPOSE OF ANY MATTER OR INFORMATION FROM THE SERVICE IN ANY MANNER THAT COULD COMPETE WITH THE BUSINESS OF XTRANIA OR ANY OF ITS SUPPLIERS. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY ON ONE OCCASION AND ONLY ONE OCCASION DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY OF ANY MATERIAL FROM THIS WEB SITE FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE IN YOUR OWN ELECTRONIC OR PRINT FORMAT, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES AND THAT SUCH REPRODUCTION IS NOT OFFERED TO ANYONE FOR MONEY OR MONEY’S WORTH. MODIFICATION OF THE SERVICE’S CONTENT SHALL BE A VIOLATION OF XTRANIA’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK, OR HYPERLINK FRAMING ON THE INTERNET, WITHOUT THE PRIOR WRITTEN EXPRESS CONSENT OF XTRANIA. THE SERVICE AND THE MATTER AND INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. FURTHERMORE, YOU MAY NOT USE ANY OF XTRANIA’S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH XTRANIA’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS. YOU WILL NOT USE THE SERVICE OR THE MATTER OR INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF XTRANIA’S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU MAY USE THE “E-MAIL THIS EPISODE” FUNCTION (IF ANY) SOLELY TO INFORM OTHERS ABOUT AN XTRANIA EPISODE ON THIS WEB SITE, AND YOU SHALL IMMEDIATELY CEASE USING THIS FUNCTION WITH REGARD TO RECIPIENTS WHO HAVE REQUESTED NOT TO RECEIVE SUCH INFORMATION. WHEN USING THE “E-MAIL THIS EPISODE” FUNCTION (IF ANY), YOU SHALL (i) NOT UPLOAD OR SEND ANY MESSAGE THAT IS UNLAWFUL, LIBELOUS, SLANDEROUS, OFFENSIVE, OBSCENE, HATEFUL, PORNOGRAPHIC, VIOLENT, INSULTING, THREATENING, ABUSIVE, MISLEADING, DECEPTIVE, OR RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE; (ii) NOT UPLOAD OR SEND ANY COMMERCIAL, PROMOTIONAL, OR SOLICITATION INFORMATION; AND (iii) REMAIN FRIENDLY AND CIVIL AND TREAT ALL E-MAIL RECIPIENTS WITH RESPECT AND SINCERITY. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE.
4. License.
(i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Xtrania ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
(ii) If you submit material to this site or to Xtrania or its representatives, unless Xtrania indicates otherwise, you grant Xtrania, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed, subject to the TOS. You also permit any other user to access, store, or reproduce such material for that user’s personal use, subject to the TOS. You grant Xtrania and its affiliates, representatives, and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate the TOS and will not cause injury to any person or entity; and that you will indemnify Xtrania, its parent, and their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns for all claims resulting from material you supply. Xtrania takes no responsibility and assumes no liability for any material submitted by you or any third party.
5. Registration and Account Creation.
Xtrania may establish a registration and account creation process necessary to obtain access to certain portions of the Service, and may require a fee or payment for access to such portions. If such is established, you will select a username and a password according to Xtrania’s requirements. You will provide Xtrania with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Xtrania, in its sole and absolute discretion, deems offensive or inappropriate. Xtrania reserves the right to deny creation of your account based on inability to verify the authenticity of your registration information or such other grounds as Xtrania in its sole and absolute discretion determines. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Xtrania of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your Xtrania account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. Xtrania reserves the right to terminate your account, in its sole and absolute discretion, at any time without notice. You may terminate your account at any time upon written notice, and upon such termination, you will receive confirmation via e-mail that your request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, Xtrania reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.
6. Disclaimer and Limitation of Liability.
(A) Xtrania does not represent or warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Xtrania or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Xtrania, its parent, and their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Xtrania, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise, and shall not be responsible or liable for any lost profits, losses, punitive, incidental or consequential damages, suffered by you or any person against whom you have a claim; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused directly or indirectly by your computer equipment or arising directly or indirectly from your use of the Service on such equipment. The content of other web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by Xtrania; Xtrania is therefore not responsible for the availability, content, or accuracy of other web sites, services, or goods that may be linked to, or advertised on, the Service. Xtrania does not: (a) make any representation or warranty, express or implied, with respect to the use of the links provided on or to the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other web sites, services, goods, or advertisements that may be linked to the Service. Xtrania is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Xtrania and/or third-party contributors to the Service may choose at any time to restrict or prohibit their content from being accessed under the TOS.
(B) You acknowledge that: (i) the Service is provided for entertainment purposes only and is not intended for commercial or information purposes; (ii) Xtrania does not represent or warrant or guarantee the sequence, accuracy, completeness, or timeliness of any part of the Service; (iii) the provision of certain parts of the Service may be subject to the terms and conditions of other important agreements to which Xtrania is a party; (iv) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by Xtrania to buy, sell, use, do or refrain from doing anything whatever, including but not limited to any product or security; and (v) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution is contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Xtrania, its parent, and their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, delays, errors, or interruptions in the transmission or delivery of the Service, or loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(C) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL XTRANIA, ITS PARENT, AND THEIR RESPECTIVE AFFILIATES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, GENERAL PARTNER, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF XTRANIA HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL XTRANIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, MATTERS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND INCLUDING BUT NOT LIMITED TO ANY COSTS AWARDED) EXCEED THE AMOUNT PAID BY YOU TO XTRANIA, IF ANY, FOR ACCESSING THIS SITE.
7. Your Authority to Agree to the TOS.
You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
8. Indemnification.
You agree, at your own expense, to indemnify, defend and hold harmless Xtrania, its parent, and their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable lawyer’s and expert’s fees, arising directly or indirectly in whole or in part out of or in connection with: (i) your use, or someone using your computer’s use, of the Service; (ii) your use of your account or someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account); (iv) a claim that any use of the Service by you or someone using your computer or account infringes any Intellectual Property Right of any third party, or any right of privacy, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer or account; (vi) any misrepresentation by you, or breach of representation or warranty or guarantee made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable lawyers’ fees and costs incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Xtrania reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Xtrania in asserting any available defence. You acknowledge and agree to pay Xtrania’s reasonable lawyer fees and costs incurred in connection with any and all lawsuits brought against you by Xtrania under the TOS and any other terms and conditions of service of or related to this site, including without limitation, lawsuits arising from your failure to indemnify Xtrania pursuant to the TOS.
9. Termination.
(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained directly or indirectly from the Service and any copies thereof. (b) You agree that Xtrania, without notice and at its sole and absolute discretion, may terminate the TOS or suspend your access to the Service with or without cause at any time and effective immediately. (c) Xtrania shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or Xtrania, you must discontinue your use of the Service and destroy promptly all materials obtained directly or indirectly from the Service and any copies thereof. Notwithstanding anything contained in this paragraph, anything in the TOS that applied to any act or failure to act before termination of the TOS shall continue to apply respecting all such acts and failures to act.
10. Governing Law.
The TOS shall be governed and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to conflicts-of-law principles thereof. You agree to submit to the exclusive jurisdiction of the provincial and federal courts located in the judicial district of Calgary, Province of Alberta, with respect to any legal proceedings or dispute that may arise in connection with the Service, web site, or interpretation or breach of the TOS. The provincial and federal courts of the Province of Alberta, Canada, shall have exclusive jurisdiction to hear and decide all such proceedings or disputes. No other courts or adjudication bodies shall hear or decide any matter respecting such proceedings or disputes directly or indirectly, in whole or in part.
11. Miscellaneous.
You accept that Xtrania has the right to change the content or technical specifications of any aspect of the Service at any time at Xtrania’s sole and absolute discretion. You further accept that such changes may result in your being unable to access the Service. The failure of Xtrania to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 8, 9(c), and 10 through 14 shall survive any termination of the TOS.
12. Headings.
The section titles in the TOS are used solely for the convenience of you and Xtrania and have no legal or contractual significance.
13. Severability.
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in full force.
14. Entire Agreement.
The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Xtrania and govern your use of the Service.
15. Linking and Framing
YOU MAY NOT LINK TO OR FRAME THIS WEB SITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN.
a. Intellectual Property.
Upon linking to this web site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free license to use one and only one Xtrania mark solely to provide an underlined, textual link from your web site to this site. No other use of Xtrania’s marks, name or logos is permitted without express written permission from Xtrania.
b. Restrictions on Linking to this Web Site.
Without limiting other provisions contained in our TOS, you may include a link(s) on your web site to Xtrania’s publicly accessible web pages (i.e. any Xtrania web page which does not require a login and password and/or restrict access). You may not link to any Xtrania site a site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any intellectual property, proprietary, privacy or publicity rights.
c. Restrictions on Other Linking and Framing Activities.
Xtrania is concerned about the integrity of this web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Xtrania is concerned with activities such as bringing up or presenting content of this web site within another web site (”framing”). In this regard, without limiting the provisions contained in our TOS, you may not frame any web page from this site except with Xtrania’s express written permission obtained in advance. Further, you will not archive, cache, or mirror any Xtrania web page or portions of a web page. If you would like to use, reprint or redistribute any Xtrania content other than as permitted herein, you must request permission from Xtrania by writing to us. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company or organization; (c) the web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including (without limitation) the content or web page(s) of the web site which you would like to use. Xtrania reserves the right to require further information and to refuse permission, all at its sole and absolute discretion.
