Terms and Conditions

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A BLUE ANT MEDIA INC. SITE OR BLUE ANT MEDIA INC. SERVICE.
 

INTRODUCTION

Welcome to the internet sites of Blue Ant Media Inc. and its subsidiaries (collectively, “Blue Ant Media Inc.”). These Terms and Conditions apply to all Blue Ant Media Inc. internet sites which reference these Terms and Conditions, including without limitation AUX.TV, Bite.ca, OasisHD.ca, HIFI.ca, Smithsonianchannel.ca, travelandescape.ca, cottagelife.com, outdoorcanada.ca and radX.ca (each a “Blue Ant Media Inc. Site” and collectively the “Blue Ant Media Inc. Sites”). By using a Blue Ant Media Inc. Site, or any product or service (collectively the “Services” or the “Blue Ant Media Inc. Services”) available on a Blue Ant Media Inc. Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Blue Ant Media Inc. Site or Service, all as may be modified by Blue Ant Media Inc. from time to time in its sole discretion (collectively the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you may not use a Blue Ant Media Inc. Site or any of the Services on a Blue Ant Media Inc. Site.

Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of a Blue Ant Media Inc. Site following the posting of any changes to these Terms and Conditions will mean you understand and accept those changes.

 

PRIVACY

For information on how user information is collected, used and disclosed by us in connection with your use of a Blue Ant Media Inc. Site and any of the Blue Ant Media Inc. Services, please consult our Privacy Policy.

 

REGISTRATION, ACCOUNTS and PASSWORDS

Certain of the services and related features that may be made available on a Blue Ant Media Inc. Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a Blue Ant Media Inc. Site and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. Blue Ant Media Inc. 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 failure to comply with this section.

 

RESTRICTIONS ON USE OF MATERIALS

All material, information and content (collectively “Content”) available on a Blue Ant Media Inc. Site, including without limitation the manner in which such Content is presented, and the Blue Ant Media Inc. Services are: © 2012 Blue Ant Media Inc., its affiliates and/or licensors and all rights are reserved. The Content and the Blue Ant Media Inc. Services are protected by Canadian and worldwide copyright laws and treaty provisions. 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 a Blue Ant Media Inc. Site or any of our Services, including without limitation, by caching, framing or similar means, without the prior written consent of Blue Ant Media Inc.

 

TRADE-MARKS

AUX, Bite TV, Cottage Life, Travel and Escape, Smithsonian Channel, Oasis HD, Outdoor Canada, radX and all associated designs and logos are trade-marks of Blue Ant Media Inc. All other product, brand and company names and logos used or mentioned on a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service without the express written consent of the owner of the trade-mark is strictly prohibited.

 

USER CONDUCT

In consideration of the availability, and your use, of a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service, you agree to comply with all applicable laws and these Terms and Conditions when using such site or service. You acknowledge that we may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

a) 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 Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying a Blue Ant Media Inc. Site, any Blue Ant Media Inc. Service or the Internet;

b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;

d) 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 Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Blue Ant Media Inc. Site may contain material that is inappropriate for minors.

 

FORUMS AND CONTENT SUBMISSIONS

By uploading materials to any chat board or forum available on a Blue Ant Media Inc. Site (collectively “Forums”) or otherwise submitting any materials to us through any other content generating or submitting service on a Blue Ant Media Inc. Site, you automatically grant (or warrant that the owner of such materials expressly grants) Blue Ant Media Inc. a worldwide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service in respect of which the materials were submitted or generated, and for all promotions thereof. Such right and license shall apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.

When participating in a Forum, you will 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. Blue Ant Media Inc. 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 Blue Ant Media Inc. 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.

 

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A BLUE ANT MEDIA INC. SITE AND ANY BLUE ANT MEDIA INC. SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BLUE ANT MEDIA INC. 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) BLUE ANT MEDIA INC. SPECIFICALLY MAKES NO WARRANTIES THAT A BLUE ANT MEDIA INC. SITE OR ANY BLUE ANT MEDIA INC. SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A BLUE ANT MEDIA INC. SITE OR ANY BLUE ANT MEDIA INC. SERVICE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICE(S) OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

 

PROFESSIONAL INFORMATION DISCLAIMER

The Blue Ant Media Inc. Sites may make available certain information provided by third parties related to various professional fields (the “Professional Information”). 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 Blue Ant Media Inc. Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, 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 Blue Ant Media Inc., including without limitation 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 Professional Information.

 

FINANCIAL INFORMATION DISCLAIMER

The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by Blue Ant Media Inc. is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security; and (c) not necessarily reflective of the views or policy of Blue Ant Media Inc., including the employees of, and advertisers on, a Blue Ant Media Inc. Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by Blue Ant Media Inc. You should apply your own judgment in making any use of any Content, including without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. BLUE ANT MEDIA INC. DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY OR INFORMATION SOURCE.

You acknowledge that Blue Ant Media Inc. may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a Blue Ant Media Inc. Site. The views and opinions expressed on a Blue Ant Media Inc. Site are not intended to constitute a description of securities bought, sold or held on behalf of Blue Ant Media Inc. nor an indication by Blue Ant Media Inc. of any intention to buy, sell or hold any security.

 

DISCLAIMER REGARDING SEARCH CONTENT

Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the “Multimedia Content”) located through a Blue Ant Media Inc. Site’s search services are protected by copyright and/or other intellectual property laws. Blue Ant Media Inc. 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 Blue Ant Media Inc. Site, all of the Multimedia Content contained on such sites is owned and served by entities other than Blue Ant Media Inc. Blue Ant Media Inc. provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through a Blue Ant Media Inc. Site’s search services for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.

 

MONITORING

You acknowledge that Blue Ant Media Inc. has no obligation to monitor a Blue Ant Media Inc. Site or any content accessible through a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service. However, you agree that Blue Ant Media Inc. has the right to monitor a Blue Ant Media Inc. Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service properly, or to protect itself or its users and customers in accordance with the Blue Ant Media Inc. Privacy Policy.

 

MODIFICATIONS

Blue Ant Media Inc. reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when posted on a Blue Ant Media Inc. Site. Please check these Terms and Conditions regularly for updates. If any change is not acceptable to you, you must discontinue your use of all Blue Ant Media Inc. Sites and Blue Ant Media Inc. Services immediately. Your continued use of a Blue Ant Media Inc. Site or Blue Ant Media Inc. Service after any such changes are posted will constitute acceptance of those changes. Further, Blue Ant Media Inc. reserves the right to change, modify, suspend or discontinue any aspect of a Blue Ant Media Inc. Site, Blue Ant Media Inc. Service or Content from time to time without notice or liability and for any reason whatsoever.

 

DOWNLOADS AND SHAREWARE

Certain Blue Ant Media Inc. Sites may allow you to download software applications or other forms of Content, including without limitation files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by Blue Ant Media Inc. or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by Blue Ant Media Inc. or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that Blue Ant Media Inc. or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that Blue Ant Media Inc., including without limitation 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, the Software, including without limitation the failure of the Software to meet your needs, standards, expectations or specifications.

 

CONTENT LINKED TO A BLUE ANT MEDIA INC. SITE

Please exercise discretion while browsing the Internet. Please note that certain links on a Blue Ant Media Inc. Site may take you to other websites. Blue Ant Media Inc. provides these links only as a convenience and not as an endorsement by Blue Ant Media Inc.. These linked sites are not necessarily under the control of Blue Ant Media Inc. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Blue Ant Media Inc. is not responsible for the content of any such linked sites or any other web page which is not part of a Blue Ant Media Inc. Site and under Blue Ant Media Inc.’s control. Unless otherwise expressly provided, Blue Ant Media Inc. 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 Blue Ant Media Inc. 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 Blue Ant Media Inc. Site.

 

DEALINGS WITH THIRD PARTIES

You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through, a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Blue Ant Media Inc. assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Blue Ant Media Inc. shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

 

SUBSCRIPTION/FEE BASED SERVICES

Certain of the Services made available on a Blue Ant Media Inc. Site may be offered by Blue Ant Media Inc. on a payment basis (a “Pay Service”). Pay Services may be offered by Blue Ant Media Inc. on a prepaid usage basis or on a periodic subscription (“Subscription”) basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the “Pay Service Account”) based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including without limitation any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees”). Unless otherwise indicated on the relevant Pay Service description page (the “Pay Service Description”), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. Blue Ant Media Inc. reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.

Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.

By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitations of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including without limitation any coupons or credits related to same for any commercial purposes whatsoever, (d) that Blue Ant Media Inc. reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that Blue Ant Media Inc. reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Blue Ant Media Inc. has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Blue Ant Media Inc. shall be in addition to and without prejudice to such rights and remedies as may be available to Blue Ant Media Inc., including without limitation injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Blue Ant Media Inc. or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including without limitation chargeback, Blue Ant Media Inc. reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless each of Blue Ant Media Inc., its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Blue Ant Media Inc. 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 Blue Ant Media Inc. Site, Blue Ant Media Inc. Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Blue Ant Media Inc. Site or through any Blue Ant Media Inc. 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.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BLUE ANT MEDIA INC., INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER BLUE ANT MEDIA INC. HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE BLUE ANT MEDIA INC. SERVICES OF A BLUE ANT MEDIA INC. SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A BLUE ANT MEDIA INC. SITE OR ANY OF THE SERVICES.

You expressly acknowledge that Blue Ant Media Inc. has entered into this agreement, and has or may make a Blue Ant Media Inc. Site, Content and Blue Ant Media Inc. Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Blue Ant Media Inc.. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

 

GOVERNING LAW/JURISDICTIONAL ISSUES

All Blue Ant Media Inc. Sites and Blue Ant Media Inc. Services are controlled, operated and administered by Blue Ant Media Inc. from its offices within Canada. Blue Ant Media Inc. makes no representation or warranty that a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service is appropriate or available for use at any locations outside Canada. If you access a Blue Ant Media Inc. Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Blue Ant Media Inc. 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 paragraph 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. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

 

ARBITRATION AND ACTIONS

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Blue Ant Media Inc. Site or Blue Ant Media Inc. 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, Blue Ant Media Inc. reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

TERMINATION

You acknowledge and agree that Blue Ant Media Inc., in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service, and remove and discard any information or content related to a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service (and your use thereof), for any reason, including where Blue Ant Media Inc. believes that you have violated any of these Terms and Conditions. You further agree that Blue Ant Media Inc. shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service or with any terms, conditions, rules, policies, guidelines, or practices of Blue Ant Media Inc. in operating a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service, your sole and exclusive remedy is to discontinue using a Blue Ant Media Inc. Site or any Blue Ant Media Inc. Service.

 

SUBMISSION OF IDEAS AND/OR SUGGESTIONS

Blue Ant Media Inc. is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO BLUE ANT MEDIA INC. BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO BLUE ANT MEDIA INC., YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO BLUE ANT MEDIA INC. THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT BLUE ANT MEDIA INC. IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY BLUE ANT MEDIA INC., WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.

 

GENERAL PROVISIONS

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Blue Ant Media Inc. and you pertaining to your use of a Blue Ant Media Inc. Site, a Blue Ant Media Inc. Service and Content and supersedes any prior agreements between you and Blue Ant Media Inc. with respect to the subject matter hereof. Blue Ant Media Inc.’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.