The material and content available on the CosmedicTv Site (collectively, "Content"), including the manner in which such Content is presented, and the Services are: Copyright © CosmedicTv, its affiliates and/or licensors. All rights reserved. CosmedicTv grants you a limited non-exclusive, non-transferable license to use and display on your computer or any other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices and you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the CosmedicTv Site; CosmedicTv Youtube or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
All other product, brand and company names and logos used or mentioned on CosmedicTv or any of the Services may be the trademarks or registered trademarks of their respective owners and any use of the trademarks or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
In consideration of the availability, and your use, of CosmedicTv Episode you agree to comply with all applicable laws and regulations and these Terms and Conditions when using a CosmedicTv Episode, in part or whole. You acknowledge that CosmedicTv may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
* post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a CosmedicTv Episode in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a CosmedicTv Episode;
* post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
* post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a CosmedicTv Site or any of the Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to CosmedicTv ; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of a CosmedicTv Site may contain material that is inappropriate for minors.
If you are a minor, you must have permission from your parent or guardian to upload any materials to a Forum. CosmedicTv may request a parent's or guardian's email address from anyone who uploads any materials to a Forum for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice to you.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. CosmedicTv cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that CosmedicTv reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A COSMEDICTV SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT COSMEDICTV MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) COSMEDICTV SPECIFICALLY MAKES NO WARRANTIES THAT A COSMEDICTV SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF, OR INFORMATION OBTAINED FROM A COSMEDICTV EPISODE, WILL BE PROVIDED IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
The CosmedicTv Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters.The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a CosmedicTv ePSIDOE does not replace consultations with a qualified medical, legal or other relevant professional. In addition, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that CosmedicTv, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Any and all pictures, sounds, sound effects, sound recordings, music, graphics, video , audio-visual works and any other works (the "Multimedia Content") located through a CosmedicTv Site's search services are protected by copyright and/or other intellectual property laws. CosmedicTv does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside a CosmedicTv Site or CosmedicTc Youtube site, all of the Multimedia Content contained on such sites is owned and served by entities other than CosmedicTv.
Certain links on a CosmedicTv Site may take you to other websites. CosmedicTv provides these links only as a convenience and not as an endorsement. These linked sites are not necessarily under the control of CosmedicTv and CosmedicTv is not responsible for the content of any such linked sites or any other web page which is not under CosmedicTv's control.. If you decide to visit any linked site, do so at your own risk. Unless otherwise expressly provided, CosmedicTv makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that CosmedicTv will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a CosmedicTv Site.
You agree to defend, indemnify and hold harmless each of CosmedicTv, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a CosmedicTv Spisode or on the CosmedicTV Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a CosmedicTv Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a CosmedicTv Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
All CosmedicTv Sites and Services are controlled, operated and administered by CosmedicTv from its offices within Canada. CosmedicTv makes no representation or warranty that a CosmedicTv Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a CosmedicTv Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a CosmedicTv Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any CosmedicTv Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
