This page states the terms and conditions under which you
may use the Paradisefalls.ca
web site (the “Site”). Please read the following carefully.
If you do not accept the terms and conditions stated here (the “Terms
of Use”), do not use this Site and service. By using this Site,
you are indicating your acceptance to be bound by the terms of these Terms
of Use. Paradise Falls Productions Media Ltd. (“Paradise Falls
Productions”) may modify, revise or update these Terms of Use at any
time by updating this posting. You should visit this page periodically
to review the Terms of Use, because they are legally binding on you.
The terms “You” and “User” as used herein refer to
all individuals and/or entities accessing this Site for any reason.
The Material and all other content in this Site are presented solely for the
purpose of providing entertainment and information.
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at Paradise Falls Productions believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
Unless, we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
This Site and all materials incorporated by Paradise Falls Productions on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Paradise Falls Productions on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned or licensed by Paradise Falls Productions or others (“Trademarks”). Paradise Falls Productions respects the intellectual property rights of others and asks users of this Site to do the same.
Use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Paradise Falls Productions. Any authorization to copy Material granted by Paradise Falls Productions in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. PARADISEFALLS.CA
AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER
CONTENT IN PARADISEFALLS.CA
ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, PARADISE FALLS PRODUCTIONS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARADISE FALLS PRODUCTIONS
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PARADISE
FALLS PRODUCTIONS’S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARADISE FALLS PRODUCTIONS
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR
OTHER CONTENT IN PARADISEFALLS.CA
OR ANY SITES LINKED TO PARADISEFALLS.CA
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PARADISEFALLS.CA
MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICE OR OTHER CONTENT IN PARADISEFALLS.CA
WILL NOT INFINGE THE RIGHTS OF OTHERS AND PARADISE FALLS PRODUCTIONS ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF PARADISEFALLS.CA.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU
ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
PARADISE FALLS PRODUCTIONS DOES NOT ACCEPT ANY LIABILITY
FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR
INABILITY TO USE, PARADISEFALLS.CA
OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT
ON PARADISEFALLS.CA,
REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PARADISE
FALLS PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITATION, YOU (AND NOT PARADISE FALLS PRODUCTIONS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY
SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART
OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL
APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“COMMUNITIES”) ARE NOT NECESSARILY THOSE OF PARADISE FALLS PRODUCTIONS OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. PARADISE FALLS PRODUCTIONS DOES NOT UNDERTAKE TO MONITOR OR REVIEW COMMUNITIES, AND THE CONTENT OF COMMUNITIES IS NOT THE RESPONSIBILITY OF PARADISE FALLS PRODUCTIONS. PARADISE FALLS PRODUCTIONS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE COMMUNITIES WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Any communication or material that you provide to Paradise Falls Productions by electronic mail or otherwise, including any ideas, concepts, stories, potential content, data, questions, comments or suggestions (“User Material”) will be treated as non-confidential and non-proprietary. All User Material will be considered available for our use, free of any obligations to you.
By communicating, posting or uploading any User Material to this Site, you automatically and irrevocably: (a) grant and assign to Paradise Falls Productions any and all rights in the User Material throughout the world, including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Paradise Falls Productions and/or by any person authorized by Paradise Falls Productions, by any means and in all media now known or hereafter devised throughout the world, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all “moral rights” in the User Material which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Paradise Falls Productions as your agent with full power to enter into any document and/or do any act Paradise Falls Productions may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Material and entitled to enter into these Terms of Use; (e) confirm that no such User Material will be subject to any obligation, of confidence or otherwise, to you or any other person and that Paradise Falls Productions shall not be liable for any use or disclosure of such User Material.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Paradise Falls Productions reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Community. Paradise Falls Productions may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Paradise Falls Productions may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Paradise Falls Productions believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Paradise Falls Productions will fully cooperate with any law enforcement authorities or court order requesting or directing Paradise Falls Productions to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PARADISE FALLS PRODUCTIONS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PARADISE FALLS PRODUCTIONS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER PARADISE FALLS PRODUCTIONS OR LAW ENFORCEMENT AUTHORITIES.
Paradise Falls Productions has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. Paradise Falls Productions does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Paradise Falls Productions may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Paradise Falls Productions or may cause Paradise Falls Productions to lose (in whole or in part) the services of its ISPs or their suppliers.
You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Paradise Falls Productions) or privately transmitted on or through this Site are the sole responsibility of the sender, not Paradise Falls Productions, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). Paradise Falls Productions shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Paradise Falls Productions considers insecure, Paradise Falls Productions will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Paradise Falls Productions reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents
Paradise Falls Productions makes no representation that the Material or other content in the Site are appropriate or available for use outside Canada, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from Canada or the country you reside in.
You agree to indemnify and hold harmless Paradise Falls Productions and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of these Terms of Use, representations or warranties, and/or from your placement or transmission of any content onto Paradise Falls Productions’s servers, and/or from any and all use of your account.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Paradise Falls Productions, and you acknowledge that (whether or not such sites are affiliated in any way with Paradise Falls Productions) Paradise Falls Productions is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Paradise Falls Productions or any association with its operators.
The Site is controlled and operated by Paradise Falls Productions from its offices within the Province of Ontario, Canada. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as they are applied to agreements entered into and to be performed entirely within Ontario. Any action you, any third party or Paradise Falls Productions may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the Provincial or Federal Courts located in Toronto, Ontario, Canada, and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.