SHOPPERS/PHARMAPRIX PHOTO TERMS & CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE shoppersphoto.ca or pharmaprixphoto.ca WEB SITE (EACH, THE "WEB SITE") AND THE SERVICES AND GOODS PROVIDED THROUGH THE WEB SITE. IT EXEMPTS SHOPPERS DRUG MART / PHARMAPRIX AND OTHERS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. BY CLICKING "I ACCEPT", YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH EACH PROVISION OF THIS AGREEMENT, YOU MAY NOT USE THE WEB SITE.
EACH TIME YOU USE THE WEB SITE, THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEB SITE YOU SHOULD CHECK THE EFFECTIVE DATE OF THIS AGREEMENT AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
1. This Agreement (which includes the Web Site Use Policy set out below) is an agreement between you and Shoppers Drug Mart Inc., its affiliated companies and its and their licensed Pharmacist Owners and service providers (hereinafter collectively referred to as “Shoppers Drug Mart/Pharmaprix”) and governs the use of the Web Site and any materials (for purposes of this Agreement, "materials" includes user names, email addresses, passwords, comments, images, graphics, text and data and any other forms of communication, whether posted publicly or with password protection) that you may use or allow others to use in connection with the Web Site (for the purposes of this Agreement “Web Site” includes any services or products that may be ordered through the Web Site).
2. Shoppers Drug Mart / Pharmaprix may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
3. The Web Site may be used only by individuals resident in Canada. The Web Site may be used only by individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law.
4. We reserve the right to terminate your right to use the Web Site if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of this Agreement, we will remove your pictures from the Web Site. We will have no obligation to return to you your pictures. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination.
TERMS OF CUSTOMER USE
5. You must comply with the Web Site Use Policy, which is hereby incorporated as part of this Agreement. The content of the pictures you submit is governed by applicable laws (including laws which prohibit copyright infringement, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the pictures. However, we and our service providers reserve the right at all times to review the pictures, to disclose the pictures as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the pictures, to remove the pictures, and to refuse to perform any orders for processing or fulfillment for pictures, that are, in our sole judgment and discretion, (or in the sole judgment and discretion of our suppliers or fulfillers), objectionable or in violation of these Terms and the Web Site Use Policy.
6. We may make software, products and services from third-party companies available to you. To download software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual third-party company's terms and conditions, and the agreement will be between you and the respective company. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF SOFTWARE, PRODUCTS OR SERVICES FROM THIRD PARTY COMPANIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF SOFTWARE, PRODUCTS OR SERVICES FROM THIRD PARTY COMPANIES.
7. All user names and passwords remain the property of Shoppers Drug Mart/Pharmaprix, and may be cancelled or suspended at any time by Shoppers Drug Mart/Pharmaprix without any prior notice or any liability to you or any other person. Shoppers Drug Mart/Pharmaprix is not under any obligation to verify the actual identity or authority of the user of any user name or password. If Shoppers Drug Mart/Pharmaprix, in its sole discretion, considers a password to be insecure, then Shoppers Drug Mart/Pharmaprix may cancel the password.
8. You must respond promptly to all email and other correspondence from Shoppers Drug Mart/Pharmaprix, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Web Site and the use of your account.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
If a visitor to the Web Site registers as a member, and has registered as a Shoppers Optimum Member®, their personal information will NOT be automatically transferred to the Shoppers Optimum portion of the Shoppers Drug Mart / Pharmaprix website. In order to update your Shoppers Optimum Member profile you must do so by contacting us at 1-800-SHOPPERS or visit the Shoppers Optimum Member profile update page on this site. As well, information updated on the Shoppers Optimum profile update page will not be automatically transferred to the Shoppers Photo/Pharmaprix Photo member profile, and as such you must do so by visiting the Web Site and updating your account information there.
WEB SITE TERMS
11. Shoppers Drug Mart/Pharmaprix endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Shoppers Drug Mart/Pharmaprix reserves the right to change the prices, fees and charges associated with the Web Site and the goods and services available through the Web Site at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, Shoppers Drug Mart/Pharmaprix cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. Shoppers Drug Mart/Pharmaprix also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, Shoppers Drug Mart/Pharmaprix will provide you with an opportunity to cancel your order. If you order goods or services that are not available, Shoppers Drug Mart/Pharmaprix will notify you by email. Shoppers Drug Mart/Pharmaprix reserves the right to limit quantities licensed or sold.
12. All of the information, content, software, trademarks and materials appearing, contained or offered on or through the Web Site are protected by trademark, copyright and other applicable laws. You may not use, copy, distribute or reproduce such information, content, software, trademarks or materials without our prior written consent.
13. The advertisements on this Web Site are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when Shoppers Drug Mart/Pharmaprix sends an order acceptance and shipping notice email to their email address titled, "ORDER CONFIRMATION" with the subject line, "Thank you for your order (Order #)". You may not cancel an order after Shoppers Drug Mart/Pharmaprix has sent an order acceptance and shipping notice email to you. If you wish to cancel an order that has not yet been accepted, you may request a cancellation through our English or French on-line support form. Because Shoppers Drug Mart/Pharmaprix strives to fill your orders as quickly as possible after it has been accepted, Shoppers Drug Mart/Pharmaprix may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective. In this case, contact us.
14. Shoppers Drug Mart/Pharmaprix may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your account or your authorization to use the Web Site; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address or domain name; (iii) remove from the Web Site and permanently delete and destroy any materials that you or others may have posted or submitted; (iv) restrict access to a your account and the materials posted or submitted to the Web Site; and (v) bar you from any future use of the Web Site; all without any prior notice or any liability to you or any other person.
15. If this Agreement is terminated by you or by Shoppers Drug Mart/Pharmaprix for any reason, then:(a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Web Site; (b) Shoppers Drug Mart/Pharmaprix may immediately remove from the Web Site and permanently delete and destroy any materials that you or others may have posted or submitted to the Web Site without any prior notice or any liability to you or any other person; and (c) the fees and charges previously paid by you for unused services will not be refunded.
16. From time to time Shoppers Drug Mart / Pharmaprix may offer special promotions, coupons, or discounts on products or services purchased through the Photo Services or the Shoppers Optimum Program®/Pharmaprix Optimum Program®. All such promotions and discounts are subject to specific terms and conditions. Shoppers Drug Mart/Pharmaprix may also make contests available to users of the Photo Services. All contests are governed by this Agreement and the specific applicable Contest Rules. By participating in a contest through the Photo Services or the Shoppers Optimum Program®/Pharmaprix Optimum Program®, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
17. YOUR USE OF THE WEB SITE AND THE PHOTO SERVICES IS AT YOUR OWN RISK. YOU SHOULD KEEP YOUR OWN BACKUP COPIES OF ALL MATERIALS YOU MAY USE, OR ALLOW OTHERS TO USE, IN CONNECTION WITH THE PHOTO SERVICES, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE WEBSITE OR PHOTO SERVICES.
18. THE WEB SITE AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY SHOPPERS DRUG MART AND ITS AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. SHOPPERS DRUG MART / PHARMAPRIX AND ITS SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR ANYONE ELSE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THE WEB SITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICE YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES, OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES
19. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHOPPERS DRUG MART / PHARMAPRIX AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
• THE WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
• THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BECORRECTED;
• THE WEB SITE, THE INFORMATION OBTAINED THROUGH THE WEB SITE, OR ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE OR THE INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
• THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS;
• THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE WEB SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS;
• THE USE OF THE WEB SITE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE WEB SITE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;
• ALBUM PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE WEB SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE WEB SITE, WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS; OR
• THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE WEB SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE WEB SITE, WILL NOT BE MISUSED BY ANY OTHER PERSON.
20. SHOPPERS DRUG MART / PHARMAPRIX AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE OR THE PHOTO SERVICES BY YOU OR ANY OTHER PERSON, REGARDLESS OF ANY WRONGDOING BY ANY OF THE FOREGOING AND NOTWITHSTANDING THAT SHOPPERS DRUG MART / PHARMAPRIX OR ANY AFFILIATE, LICENSEE OR SERVICE PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
21. You agree that any damage to or loss of a picture by us (or by our suppliers or fulfillers), even through negligence or other fault, will only entitle you to a refund or credit, at our option, of the purchase price for processing and uploading the picture and, if you have ordered merchandise, of the purchase price for the fulfilled order. You must submit a claim for refund or credit within thirty (30) days of the damage or loss. Except for such refund or credit, our acceptance of the picture, and the products and/or services provided to you by us (or by our suppliers or fulfillers), are without any warranty or liability of any kind, whether express, implied, statutory or otherwise
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SHOPPERS DRUG MART / PHARMAPRIX OR ANY OF ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES LOSSES, AND COSTS ARSING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE OR THE PHOTO SERVICES BY YOU OR ANY OTHER PERSON, REGARDLESS OF ANY WRONGDOING BY SHOPPERS DRUG MART / PHARMAPRIX OR ANY AFFILIATE, LICENSEE OR SERVICE PROVIDER, EXCEED $100 (CDN) OR THE AMOUNT YOU PAID TO SHOPPERS DRUG MART/PHARMAPRIX FOR THE USE OF THE WEBSITE ANDPHOTO SERVICES, WHICHEVER IS LESS.
22. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE SHOPPERS DRUG MART / PHARMAPRIX AND ITS SERVICE PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
23. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SHOPPERS DRUG MART / PHARMAPRIX AND ITS SERVICE PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimers, liability exclusions, liability limitations, release, and indemnity provisions in this Agreement survive the termination of this Agreement.
24. This Agreement and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada. Any dispute between Shoppers Drug Mart/Pharmaprix and you or any other person arising from, connected with or relating to the Web Site, the Photo Services, this Agreement, any transaction conducted through the Web Site, Photo Services or any related matters ("Disputes") must be resolved before the Courts of Ontario, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.
25. The provisions of this Agreement will enure to the benefit of and be binding upon each of Shoppers Drug Mart / Pharmaprix and its affiliates, licensees and service providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent). You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Shoppers Drug Mart / Pharmaprix, which may be withheld in Shoppers Drug Mart / Pharmaprix's sole discretion. Shoppers Drug Mart / Pharmaprix may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
26. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.
27. You and any persons you represent (on the one hand) and Shoppers Drug Mart / Pharmaprix and its affiliates, licensees and service providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of theWeb Site or the Photo Services.
28. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais.
29. Any rights not expressly granted by this Agreement are reserved to Shoppers Drug Mart/Pharmaprix.
30. This Agreement is subject to change without notice
WEB SITE USE POLICY
The following rules apply to the use of the Web Site, which includes posting materials to the Web Site:
1. Use of the Web Site must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Use of the Web Site must not infringe the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights).
2. Use of the Web Site may only be for personal, non-commercial purposes and must not be used in connection with any commercial activities, including, but not limited to: (a) selling or offering to sell any goods or services; (b) soliciting for advertisers or sponsors; (c) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; (d) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (e) soliciting for donations; or (f) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
3. The Web Site must not be used with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Web Site or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
4. The following is a non-exhaustive list of prohibited uses of the Web Site. We reserve the right, in our sole discretion, to determine whether any use of the Web Site is prohibited or otherwise violates this Policy:
• Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. (This includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct.) In particular and not to limit anything else herein contained, Shoppers Drug Mart / Pharmaprix and its service providers will refuse to print, process or copy any image that shows:
• Vaginal, anal or oral intercourse or masturbation;
• Cruel or violent conduct in which physical pain is apparently inflicted in a sexual context;
• A degrading or dehumanizing act or which places women or men in positions of subordination, servile, submission or humiliation;
• A sexual act between a person and an animal or a sexual act or unnatural attraction to a corpse.
o Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.
o Uses that may dilute or depreciate the name and reputation of Shoppers Drug Mart / Pharmaprix and its affiliates or Associates.
o Uses that interfere with other persons' use and enjoyment of the Web Site or of the Internet generally.
o Uses that may disrupt, compromise or degrade the integrity, efficiency, performance or security of the Web Site or that may otherwise or result in:
(a) the circumvention or breach of any user authentication, password, security or control measures regarding the Web Site or any other Internet resource or computer system; or
(b) unauthorized access to other persons' accounts and materials (including materials posted to the Web Site) or interference with their use and enjoyment of the Web Site.
• Uses that conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any Shoppers Drug Mart/Pharmaprix representative.
• Uses that contain or disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person's permission.
5. The uploading, posting or transmission to the Web Site, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally, of any of the following:
(a) materials that contain links to other web sites or Internet resources;
(b) executable programs or audio and video recordings;
(c) materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Web Site or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and
(d) materials that are encrypted.
6. We are not obliged to monitor, screen, police or edit the use of the Web Site, including postings of materials to the Web Site, although we reserve the right to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of the Web Site, including without limitation uses that constitute copyright infringement. You may report violations of this Policy by using the form found here.
7. We may in our sole discretion determine whether this Policy has been violated.
8. We may in our sole discretion report perceived violations of applicable law to law enforcement authorities. We will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing members' personal information (including account information and payment information), Web Site users' personal information, and copies of materials used in connection with the Web Site, including materials posted to the Web Site.
9. Our failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.