Terms & Conditions
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Emerald New Homes Ltd. - www.emeraldnewhomes.com
WEB SITE USAGE AGREEMENT
Effective Date: April 1, 2015
ACCEPTANCE OF TERMS AND CONDITIONS IN THIS USAGE AGREEMENT
This usage agreement covers your use of the content, services and products that are located at the website www.emeraldnewhomes.com and any portion thereof (the “Web Site”), which is owned by Emerald New Homes(“Emerald New Homes”). In this Usage Agreement, “you” and “your” refers to any individuals and/or entities accessing this Web Site for any reason. Please read this Usage Policy carefully before using this Web Site.
By using this Web Site, you are indicating that you agree to all the terms and conditions set forth herein. Also, you are indicating that you understand Emerald New Homes may revise this Usage Agreement from time to time without providing any notice to you. We recommend that you visit this page periodically to review the Usage Agreement for changes. Your continued use of the Web Site indicates you agree to any such revisions. IF YOU DO NOT ACCEPT THIS USAGE AGREEMENT, YOU MAY NOT ACCESS THIS WEB SITE OR USE ANY OF THE CONTENT, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE.
USE OF THIS WEB SITE
This site is owned and maintained by Emerald New Homes. Emerald New Homes authorizes you to access and view the Web Site and to print out forms, web pages, and publications that are available at this Web Site for the general public solely for non-profit purposes such as learning about Free-to-Air technology and promoting the goals of your specific non-profit organization, provided that you agree to the following:
You agree not to copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any commercial purposes any portion of the “Content,” which is defined throughout this Usage Policy as all of the products, services and information, including, but not limited to, all of the page headers, images, graphics, text, logos, button icons, design, layout, software (including source code), sounds, music, video files, and data provided on this Web Site, with the exception of downloadable forms, publications and other interactive on-line forms that are intended for public or member usage (collectively, the “Content”). You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Content in any authorized copy that you make of this Web Site. The site may be used only for lawful purposes by authorized individuals.
You are not authorized to use this Web Site or Content, except as indicated above, in any manner: (1) in violation of any applicable law, order or regulation; (2) in a way that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (3) that is defamatory, obscene, threatening, abusive or hateful. In addition, you shall not breach the security of the Web Site, including without limitation: (a) accessing data not intended for you or logging into a server account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach a security or authentication measure of this Web Site and/or Content without proper authorization, and/or (c) using viruses, spamming, flooding, etc. to interfere with service to any user, host or network.
You agree that all agreements, notices, disclosures, and other communications provided by Emerald New Homes to you electronically satisfy any legal requirement that such communications be in writing.
PROPRIETARY RIGHTS; DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
a. Proprietary Rights
This Web Site is protected by Canadian and international copyright laws. Emerald New Homes has exclusive rights or has been licensed by third parties to use all of the Content (as defined above). All Content is subject to trademark, service mark, trade dress, copyright and/or other proprietary rights or licenses held by Emerald New Homes. The entire Content of this Web Site is protected by Canadian copyright laws as a collective work, and Emerald New Homes owns the copyright in the selection, coordination and arrangement and enhancement of the Content.
As previously stated above, you may not copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any commercial purposes any portion of the Content, with the exception of downloadable forms, publications and other interactive on-line forms that are intended for public or member usage, without first obtaining written permission from Emerald New Homes via email at [firstname.lastname@example.org]. Any of the previous unauthorized uses of the Content, or any portion thereof, constitutes an infringement of Emerald New Homes’s copyrights and/or other proprietary rights. Use of the Content on any other web site or other networked computer environment is prohibited without the prior written permission of Emerald New Homes.
b. Digital Millennium Copyright Act (“DMCA”)
Please contact Emerald New Homes if you are aware that your rights under copyright law are being infringed by your copyrighted work being uploaded, posted, copied or otherwise provided to this Web Site.
c. Termination of Repeat Infringers
As a condition to your use of this Web Site, you agree not to use the site to infringe the intellectual property rights of others in any way. Emerald New Homes will terminate the access of any users, and block access to this site and any other Emerald New Homes web sites of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. Emerald New Homes reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked.
THIS WEB SITE AND ITS SERVICES, CONTENT AND PRODUCTS ARE PROVIDED TO YOU ON AN “AS 1S” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER Emerald New Homes NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY CONTENT ON THIS WEB SITE MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS.
Emerald New Homes MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM AND/OR PROVIDE TO THE SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, OTHER COMPUTER PROGRAMMING ROUTINES OR ENGINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR INFORMATION.
LIMITATION OF LIABILITY
Emerald New Homes AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY: (I) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON, ANY PART OF THIS WEB SITE OR CONTENT, (II) ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE OR IN THE CONTENT HEREOF, OR (Ill) Emerald New Homes’S OR ANY OTHER PERSON’S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE USAGE AGREEMENT. IN NO EVENT WILL Emerald New Homes OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in which case the liability of Emerald New Homes and its directors, officers, employees, representatives, affiliates and agents shall be limited in accordance with this Usage Agreement to the fullest extent permitted by law. Without limiting the foregoing, if Emerald New Homes or any of its directors, officers, employees, representatives, affiliates and agents is found liable to you for any claims or matters arising under or in connection with this Usage Agreement, our aggregate and maximum liability for all such matters and claims shall not exceed the total amount paid by you to Emerald New Homes, if any, for the specific service or product giving rise to such liability.
On this site there are some links to web sites maintained by third parties over which Emerald New Homes has no control. We take no responsibility for the accuracy, content, or any aspect of such third party content, and disclaim any liability to you for such content or for any consequence of your decision to use the links provided or your use of such content. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through a third party site is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against Emerald New Homes or any of our affiliates arising from or based on your purchase or use of products or services or the content through such third party sites.
Links do not imply that Emerald New Homes sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Emerald New Homes.
EMAIL AND OTHER COMMUNICATIONS AND SOLICITATIONS
Emerald New Homes may contact you if you have expressly agreed to be contacted via email, telephone or otherwise.
SPECIAL CONDITIONS FOR INTERNATIONAL USE AND EXPORTS
This site is controlled and operated by Emerald New Homes. Emerald New Homes makes no representations that the Content provided on this Web Site is appropriate for use in all locations, or that the Content provided is available or appropriate for use in all jurisdictions. Access to our site and its Content from other countries where such Content is illegal is prohibited. If you choose to access this site and it’s Content, you do so on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from Canada or the country in which you reside. You further agree not to upload to our site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. In addition, you agree not to export or re-export any product received under this Agreement into or to a national or resident on any country to which Canada embargoes goods. You are also responsible for complying with any local laws in your country, which may impact your right to import, export or use any products or services provided on our site. These assurances and commitments shall survive any termination of this Usage Agreement and your use of this site.
Emerald New Homes reserves the right to modify this site and this Usage Agreement and any other policies governing the site at any time. Modifications may be posted on the site, and users are deemed to be apprised of and bound by any changes to the site.
Your agreement to this Usage Agreement does not confer any rights, remedies, or benefits upon any person other than you and Emerald New Homes. You may not assign these rights under this Usage Agreement without the prior written consent of Emerald New Homes. This Usage Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of this Usage Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. If any part of this Usage Agreement is found void and unenforceable, it will not affect the validity of the balance of the Usage Agreement, which shall remain valid and enforceable according to its terms.
All rights not expressly granted herein are reserved.