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Terms Of Use

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By using this website (the “Site”) you agree to and accept the following terms. These Terms of Use may be amended periodically by Panvista Media Corporation (“PMC”) in its sole and unfettered discretion, and you shall be bound by such amendments.

  1. The Site. The Site and each portion thereof, including but not limited to the structure, design, graphic and textual elements, and underlying code thereof, are the exclusive property of PMC, and PMC claims all right, title and interest in all copyright, trademark, patent and other ownership therein. Copying is strictly prohibited.
  2. Site Content. Except where indicated otherwise, or otherwise specified herein, all Site content is the property of the third parties who have submitted same, subject to the license set out below, and may not be reproduced without their express permission.
  3. Permitted Uses of the Site. All uses other than those specifically authorized herein are prohibited. You are prohibited from using the Site for commercial purposes without the prior consent of PMC. Please contact PMC at webmaster@panvistamedia.com should you wish to use the platform for commercial purposes. Please see any Additional Terms (defined below) posted on the Site for a list of any further restrictions on permitted uses of the Site. Except for this Agreement and all Additional Terms, PMC shall not be liable for any reliance by you upon, or use of, any information appearing on or transmitted through the Site, including but not limited to any financial or investment information, nor upon any service provided by the Site for the transmission of such information.
  4. Membership. PMC shall at all times have the full and unfettered discretion to, for any reason whatsoever, accept, reject, continue or terminate your membership in relation to the Site. In exercising such discretion, PMC shall not be bound to follow or act in accordance with any membership rules or procedures established by PMC in relation to the Site. PMC may also at any time temporarily or permanently limit or discontinue the Site without liability to You.
  5. Viewing/Using Site. You acknowledge and agree that the content of the Site posted by third parties, whether edited/modified/added to by PMC or not, may be objectionable, shocking and/or offensive to you, may violate your rights, and may contain computer viruses or other forms of malicious software, but that you will not hold PMC or any of its officers, directors, agents or employees liable in relation to same, and your sole and exclusive right to prosecute any claim you may have in this regard shall be against such third parties. Furthermore, you accept full responsibility for your use of the Site and the results thereof, and release PMC from all liability for any loss in relation to any viewing or other use of the Site, to the fullest extent that such release may be upheld by law.
  6. Submitted Material. Subject to this Agreement, you may submit your text, graphics, moving pictures, movies and sound recordings (“Content”) to the Site. By doing so, you non-exclusively license to PMC the right to include and make accessible the Content to all those accessing the Site, future versions thereof, and additional sites where showcasing of “Best Of” Joyspoon content is featured. You further authorize PMC to substantially modify, add to, delete from and/or rearrange the Content or any portion(s) thereof and/or to juxtapose the Content or any portion(s) thereof with any other party’s(ies) submitted content. You waive any so-called moral rights you may have in the Content in favor of PMC. You authorize PMC to use the Content or any part thereof, as well as your name, likeness and biographical information (to the degree that you have provided such information in your Site profile and indicated that same shall be visible to Site viewers) for promotional purposes in relation to the marketing of the Site and PMC Joyspoon sites. You agree and acknowledge that PMC is under no obligation to include the Content or any portion thereof in the Site, and that it may at any time, for any reason whatsoever, remove and delete all or part of the Content, as well as any features of the Site, including but not limited to any e-mail (whether delivered or not) or user names, and the services related thereto.
  7. Representations & Warrantees. In relation to any Content, you represent and warrantee to PMC the following:
    • that you are the sole author and/or rights holder of the Content and, if the contribution of other persons or entities forms a part of the Content, that you have secured the full right to include such contribution in the Content and for the purposes set out in the License above;
    • the Content does not contain any material that is libelous, obscene or in any other way unlawful;
    • the Content does not and will not infringe upon any copyright, trademark, patent, contractual right, privacy right, publicity right, moral right or any other right of any person, firm, corporation or other entity;
    • you have the right, power, capacity and authority to: (i) enter into this Agreement; (ii) license the rights herein licensed; and (iii) the consent of no other person or entity is necessary for you to enter into and fully perform this Agreement;
    • you have not made and will not make any agreement, assignment, license, conveyance, grant or transfer that will conflict or interfere with the rights licensed to PMC hereunder;
    • There are no claims, litigation or other proceedings pending threatened that could impair, limit, diminish or infringe upon the rights licensed herein.
  8. Indemnity. You shall indemnify and hold harmless PMC and its shareholders, directors, officers, employees, agents, successors, licensees and assigns from and against all threatened or actual claims, liabilities, actions or causes of action, reasonable settlements, judgments, recoveries, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with any breach or third-party- alleged breach of any of your covenants, agreements, representations and warranties herein.
  9. Copyright Infringement Claims. Should you believe that there is material on the Site that infringes your copyright or other intellectual property right, you or your agent may deliver by e-mail to webmaster@panvistameda.com a Digital Millennium Copyright Act ("DMCA") notice containing the following information (see 17 U.S.C 512(c)(3) for further detail):
    • the electronic or physical signature of you or your agent;
    • a description of the original work in relation to which you claim your right has been infringed;
    • the location of the infringing material on the Site;
    • your or your agent’s address, telephone number, and email address;
    • a statement by you that you believe in good faith that the allegedly-infringing use is not authorized by you or the law; and
    • a statement by you or your agent, made under penalty of perjury, that aforementioned information is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  10. Additional Terms. This Agreement shall include, and hereby incorporates by reference, additional terms as such may be set out in the “Additional Terms” page(s) on the Site which you can access by clicking here. In the event of a conflict between the terms herein and such additional terms, the terms herein shall prevail.
  11. General. If for any reason any provision of this Agreement is adjudged by a court to be unenforceable, such adjudication shall in no way affect any other provision of this Agreement or the validity or enforcement of the remainder of this Agreement, and the affected provision shall be modified or curtailed only to the extent necessary to bring it into compliance with applicable law. The division of this Agreement into sections and paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. The rights of PMC hereunder may be assigned at any time to any party by PMC, but you may not assign any rights hereunder without PMC’s express written permission. The failure at any time to require performance of any of the provisions of this Agreement shall not affect the full right to require such performance at a later time. The waiver of a breach of any provision shall not constitute a waiver of any preceding or subsequent breach of the same or any other provision of this Agreement. Nothing in this Agreement shall constitute a partnership, joint venture or employment relationship between the parties, or make any party the agent of the other. Each of the parties agrees not to hold itself out as a partner or agent of the other or otherwise in any manner contrary to the terms of this Agreement by advertising or otherwise, and neither of the parties shall became liable or bound by any representation, act, omission or agreement whatsoever of the other that may be contrary to the provisions of this Agreement. None of the parties shall have the right to enter into contracts or pledge the credit of or incur expenses or liabilities on behalf of the other party. You confirm that you have received independent legal advice in respect of this Agreement or have been given the opportunity but have waived the right to do so. This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, excluding choice of laws principles. The parties irrevocably attorn to the courts of the Province of Ontario in the City of Toronto or, at PMC’s sole and unfettered discretion, to the courts of such other jurisdiction as it may choose, in respect of any dispute under this Agreement.