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The services provided by GLWiZ are subject to the following Terms and Conditions. By visiting this website (collectively, including all Content (as defined below) available through the glwiz.com domain name, the "GLWiz Website" or "Website") or using the GLWiz Services (as defined below), You (the "You" or "User") accept these Terms and Conditions and the terms and conditions of GLWiz's Privacy Policy which are incorporated herein by reference, and agree to be bound by them. If You do not agree to these terms, then please do not use the GLWiz Website. GLWiz reserves the right to change or amend these Term and Conditions or Privacy Policy at any time and to notify You by posting an updated version of the Term and Conditions on this Website. The amended Terms and Conditions or Privacy Policy, as the case may be, shall be effective immediately upon posting.
The "Service" shall include (a) the Website, (b) the services provided by the Website, and (c) the Contents.
The "Contents" shall include all data, text, images, music, sounds, photographs, graphics, video, content, programming and software or other materials made available through the Website.
1. LICENSE AND INTELLECTUAL PROPERTY RIGHTS
(a) Grant of limited License. GLWiZ grants You a non-exclusive, non-transferrable, limited license to view and use the channel(s) or programs available on the Website over the Internet at any given time and in strict conformity with these Terms and Conditions.
(b) Intellectual Property Rights. The Services and Contents are owned by GLWiZ and/or its licensors and content providers and are protected by applicable domestic and international copyright trademarks, service marks, patents or other proprietary rights and lawsl. You are strictly prohibited from and shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any portion of the Services or the Contents, in whole or in part. Any rights not expressly granted to You are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
(c) Non-Commercial/Personal Use Limitation. GLWiZ grants You this limited license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Website, without prior written permission. You hereby agree not to use the Services or the Contents, or portion thereof, for any commercial purpose whatsoever.
2. SERVICES AND CONTENTS
(a) Nature of Services. GLWiZ offers its Services for entertainment purposes only. GLWiZ does not warrant the truth or validity of the information contained on its Website. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, GLWiz is not responsible for errors in or omissions from the information contained or accessed through the Website.
(b) Third-Party Content. Each contributor of the Contents is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their contribution. In addition, Website may contain links to websites that are not owned or controlled by GLWiZ. GLWiZ assumes no responsibility for the content, privacy policies, or other practices of third-party websites. You are encouraged to read the terms and other policies of such websites. By using the Service, You agree that GLWiz shall not be liable in any manner due to your use of any third-party Content or Website. In addition, GLWiz will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve GLWiz from any and all liability arising from your use of any third-party website.
(c) Nature of Content. GLWiZ offers video content of various types including, but not limited to, sports, news, drama, etc. and does not warrant that all Content is appropriate for all age viewers. Minors should only access this Wesite with parental permission. The Website is not intended for use by children under the age of 13.
(d) Registration and Account. When registering your account, You must provide accurate and complete information as requested, including a valid email address.
(e) Username/Password. GLWiZ may issue You a username and/or password for access to certain portions of, or services provided via the Website. You must hold and secure any such username or password as strictly confidential. Accordingly, You shall not allow friends, family, business associates or other persons access to or use of such username or password. GLWiZ shall not be responsible whatsoever in the event that your password is misappropriated by a third party. You must notify GLWiz immediately of any breach of security or unauthorized use of your account. Although GLWiz will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses incurred by GLWiz or others due to such unauthorized use.
3. PRICING, SUBSCRIPTION AND PAYMENT
(a) Pricing. As part of our promotional launch, the Services are currently available for free . GLWiZ may choose to start charging a fee at any time. We will notify of our intent to start charging fees for the services via email sent to theaddress provided as part of the registration process.
4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
(a) General. By using the Website, You expressly agree that use of the Website is at your sole risk. The Website is provided on an "AS IS" and "as available" basis. Neither GLWiZ nor its affiliated entities nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Website will be uninterrupted or error-free or free from viruses, security breaches or the like. Neither GLWiZ nor its Affiliates warrant the accuracy, integrity or completeness of the Services or Contents offered for sale on the Website. GLWiz makes no representation or warranty that the Contents in this Website are legal, appropriate or available for use in all geographic locations. Those who choose to access this Website do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent such local laws are applicable.
(b) GLWiZ AND ITS AFFILIATES DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES OR CONTENTS SOLD THROUGH THE WESITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
(c) NEITHER GLWiZ NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF GLWiZ AND ITS AFFILIATES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
(e) Indemnity. You agree to defend, indemnify and hold harmless GLWiZ and its Affliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. These defense and indemnification obligations will survive these Terms and Conditions and your use of the Website.
5. GENERAL TERMS.
(a) Notices. Notices by GLWiZ to You may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to support@GLWiz.com; (ii) Mail and courier deliveries must be sent to: GLWiz, Inc. c/o The Group of Gold Line 180 West Beaver Creek Rd. Richmond Hill, Ontario L4B 1B4 , Canada.
(b) Governing Law/Forum Selection. These Terms and Conditions are governed by the laws of the Province of Ontario to contracts made and performed solely in the Province of Ontario, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Toronto, Ontario in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms and Conditions or this Website.
(c) Written Agreement. These Terms and Conditions constitute a written agreement between You and GLWiZ. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses You may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
(d) Entire Agreement. These Terms and Conditions constitute the entire agreement between You and GLWiZ related to this Website. These Terms and Conditions supersede all prior written, oral, or electronic agreements between You and GLWiZ relating to this Website.
(e) Limitation of Cause of Action. You and GLWiZ agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose or be forever barred.
(f) Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as this Website is not intended for children under 13. If You are under 13 years of age, then please do not use this Website.
(g) Assignment. You may not assign your rights and obligations hereunder. However, GLWiZ's rights and obligations are fully assignable.
(h) Modifications. GLWiZ has the right to modify these Terms and Conditions and any policies affecting the Website. Any modification is effective immediately upon posting to the Website. Your continued use of the Website shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of GLWiZ in providing the Website, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Services, is to cancel your subscription in accordance herewith. GLWiz has the right to modify, suspend or discontinue the Website or any portion thereof at any time. GLWiz may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
(i) Waiver and Severability. The failure of either party to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect.
(m) Privacy Policy. It is GLWiZ's policy to respect the privacy of our users. Please click on the "Privacy Policy" hypertext link located at the bottom of our Web pages to view our policy.
(n) Access to Your User Account. You specifically agree that GLWiZ may access your user account where necessary.
(o) Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify GLWiZ's acceptance of your order, nor does it constitute confirmation of our offer to sell. GLWiZ reserves the right at any time after receipt of your order to accept or decline your order for any reason whatsoever, with no liability whatsoever.
(p) Termination. GLWiZ may terminate your access to any part or all of the Services at any time, if GLWiZ decides in its sole and absolute discretion for any reason whatsoever to do so, without any liability to You. If GLWiz terminates your subscription based on a breach of any portion of these Terms and Conditions, GLWiz reserves the right to refuse to provide Services to You in the future.
© 2007 GLWiZ . All Rights Reserved.
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