Thank you for visiting the QuickPlay Media Inc. (“QuickPlay”) website (the “Site”). Please read the following terms and conditions (the “Terms”) prior to using or accessing the Site. These Terms contain legal obligations including QuickPlay’s obligations towards the use of any private information that you may provide to QuickPlay that may affect your usage or continued access of the Site. If you do not agree with the Terms, any further use or access to the Site is prohibited.
Your Usage
The provision of the Site by QuickPlay is intended to provide you a personal and non-commercial use license to conveniently review information on QuickPlay, its products and services, and how to contact QuickPlay for further information regarding its products and services only; no other purpose is intended or implied. By using the Site, you agree, without any limitation or qualification, to be bound by the Terms of this Site. You agree that QuickPlay is making this Site available to you in reliance of the Terms set out therein, and that the disclaimers, limitations and exclusions of liability and indemnification provisions of these Terms shall survive any termination of this agreement between you and QuickPlay.
Site Disclaimer
YOU ACKNOWLEDGE AND AGREEE THAT THE SITE IS BEING PROVIDED BY QUICKPLAY TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT, AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. QUICKPLAY DOES NOT PROVIDE ANY WARRANTY THAT THE SITE AND ANY CONTENT OR INFORMATION WITHIN THE SITE OR ANY HYPERLINK TO A THIRD PARTY SITE IS OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
Limitation of Liability
IN NO EVENT SHALL QUICKPLAY, INCLUDING ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ANY DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, SAVINGS, GOODWILL OR ANY OTHER INTANGIBLE LOSSES KNOWN AT LAW OR EQUITY (“DAMAGES”), REGARDLESS OF WHETHER QUICKPLAY HAD BEEN ADVISED OR COULD HAVE FORESEEN THE REASONABLE FORESEEABILITY OF SUCH DAMAGES
Indemnification
You agree to defend, indemnify and hold QuickPlay, its affiliates, licensors, directors, officers, employees, agents and advisors, including any and all third parties mentioned in the Site, from and against any and all claims, actions, controversies and demands of any kind, including without limitation reasonable legal fees and expenses (“Claims”) resulting from your access to the site, your breach of the Terms and your use or reliance on any content in the Site. In the case of defence of Claims, you will use best efforts to cooperate with QuickPlay that shall, at its own expense, assume exclusive control and defence of any Claims.
Privacy
QuickPlay does not collect information that may identify you except if you provide such specific information on a voluntary basis when contacting QuickPlay. QuickPlay does reserve the right, however, to perform statistical analyses of user behaviour and characteristics, in order to improve the design and navigation of the Site and to gather marketing information. Only aggregated data from these analyses is used for these purposes. You should be aware that certain non-personal information and data may be automatically collected by QuickPlay through the operation of small text files that identify an individual computer’s browser entering the Site (commonly referred to as “Cookies”), to track Site usage behavior. If you do not want Cookies placed on your computer by QuickPlay consult your browser to disable this feature.
Intellectual Property
Content of the Site, including the text, images, software, any audio or video, as well as the compilation of any of the aforementioned content (“Site Content”), is the property of QuickPlay and/or its licensors and is protected by Canadian and international copyright laws. All rights are reserved. The Site Content may not be copied or distributed in any way by any means without the express written consent of QuickPlay. The QuickPlay Media mark and logo, the terms QuickPlay, QuickPlay Media and QuickPlayer are the property of QuickPlay and may only be reproduced with the express written authorization of QuickPlay. As used in this Site, the RIM® and BlackBerry® families of related marks, images and symbols are the exclusive trademarks and properties of Research In Motion Limited – used by permission. BlackBerry, the BlackBerry logo, the ‘envelope-in-motion’ symbol and ‘Always On, Always Connected’ are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries. All other logos, marks, trademarks, service marks, service, product and/or company names that appear within the Site or any third party hyperlink remain the property of their respective owners.
Third Party Links. From time to time, the Site may contain hyperlinks to third party sites. These hyperlinks are being provided to you as a convenience and not as an endorsement of QuickPlay’s products or services. All third party sites are not under the control of QuickPlay and if you click on any such hyperlink and visit any such site, you do so at your own risk. QuickPlay makes no representation or warranty whatsoever regarding any third party linked site, any information contained therein, any products or services that may be described or obtained therefrom or any accuracy or compliance with laws of any third party site.
Modification of Site and Terms
QuickPlay reserves the right from time to time, without notice to you, to modify, discontinue on a temporary or permanent basis the Site and any Site Content including any links to any third parties and to change or modify in its sole discretion the Terms. Any use by you will be subject to any modified terms.
General Terms
This agreement with you is personal to you and cannot be assigned by you. The Site is administered under the control of QuickPlay within Canada. The Terms shall be interpreted and construed in accordance with the domestic laws of the Province of Ontario and Canada without any reference to its conflicts of laws principles. The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms. You agree to comply with your local law to the extent that you use or access this Site outside Canada. Each of QuickPlay and you agree that any Claims, if outstanding, will be referred to and finally settled with respect to any and all matters related to a Claim by private and confidential binding arbitration in English before a single arbitrator held in the Toronto, Ontario, Canada pursuant to the Arbitration Act, 1991 (Ontario). Notwithstanding anything to the contrary with respect to the foregoing, you agree that any breach of QuickPlay’s or its Licensor’s intellectual property rights would cause irreparable harm to QuickPlay and/or its Licensors that could not be compensated solely by monetary damages and that QuickPlay reserves the right to pursue the protection of QuickPlay’s intellectual property rights or those of its Licensors through injunctive relief or other equitable relief through any court of competent jurisdiction.
Updated: June 21, 2006.