This website (the “Website”) is the exclusive property of Blistering Media Inc., a company doing business under the name Fixion Media (henceforth referred to as “Fixion Media”, “we”, “us”, “our”). This document constitutes an Agreement between you and Fixion Media that sets out the terms and conditions by which we allow you to visit the Website and to view the information and other content that is displayed thereon and use all other functions of the Website.
BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, WITHOUT LIMITATIONS OR RESERVATIONS, AND BY ANY APPLICABLE LAWS, MOST NOTABLY BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THOSE LAWS PERTAINING TO COPYRIGHTS AND TRADEMARKS.
Please read this document carefully and, if for whatever reason you are not in agreement with the said terms and conditions, your sole recourse is to end your visit to the Website.
You acknowledge that any and all text, data, graphics, photographs, video, audio, information, documents, images, trade-marks, trade names, trade dress, products, reports, interfaces, web pages, files, software, product names, company names, logos, visual or other digital material, and any other elements incorporated into or published on the Website (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Fixion Media (or its licensors, as the case may be). Content published by Fixion Media on the Website may belong to third parties and may be published by Fixion Media under a license.
Restrictions on Use of Content
Subject to your compliance with the terms and conditions of this Agreement, Fixion Media grants you a non-exclusive, personal, non-assignable and non-sub licensable, license to access, stream and view (remotely via an Internet connection provided by you) the Website, including all its different functions and Content, the whole solely in accordance with this Agreement.
Fixion Media hereby authorizes you to access, stream and view the Content published on its Website for your personal use only and non-commercial use within your organization only.
Except as specifically provided herein, you may not use, modify, re-engineer, copy, reproduce, republish, post, transmit, distribute, display, upload, download, perform, create derivative works from, transfer, sell or otherwise benefit from any Content in any way without the prior written consent of Fixion Media.
Except as expressly provided herein or in the case where Fixion Media has specifically granted written permission to use the Content, no license or right, express or implied, is granted to any person or user of the Website. More specifically, the Website contains trademarks that are the property of Fixion Media or its third party suppliers. Trademarks that are owned by third parties are used on the Website pursuant to a license that only extends to Fixion Media and not to you. You receive no license to copy or use any of the trademarks featured on the Website and any such copying or use must be pre-approved by Fixion Media or its third party suppliers, as the case may be.
The Website offers a number of ways to interact with social media, including access to online Fixion Media communities on Twitter, or any other similar social media websites as Fixion Media may add at any time (“Fixion Media Communities”).
The Fixion Media Communities are owned by Fixion Media and hosted and operated on independent third-party social media websites, and are subject to the terms and conditions of the third-party social media websites in question (“Social Media Terms”). In accessing and using the Fixion Media Communities pages, you agree to be bound by and respect the Social Media Terms.
The Website also provides a number of means for contacting Fixion Media (“Contact Means”), including by mail, fax, telephone, email and contact forms in connection with Publisher applications and Advertiser booking requests, as well as for answers to general questions, including but not limited to questions about the Website and its Content, Fixion Media, our affiliates, and our products and services.
You may, from time to time, submit content, questions, information, text, files, graphics, advertisements, artwork, photographs, personal listings, messages, reviews, notes, postings, and other materials and information by way of the Contact Means or on the Fixion Media Communities pages, which are accessible to, and may be used by or commented on by Fixion Media and other users of the Fixion Media Communities (“User Content”).
By submitting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by Fixion Media and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity or be generally false, deceptive, misleading, deceitful, misinformative or constitute a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal or other information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content, you waive all moral rights in the User Content and grant Fixion Media an unrestricted, worldwide, perpetual, non-exclusive, irrevocable, transferable, royalty-free license to access, copy, publish, market, adapt, transmit, arrange, export, merge, loan, rent, lease, assign, use, distribute, perform, reproduce, display, modify, translate, create derivative works based upon, sublicense the User Content, as well as use the User Content and your identity for promotional or other purposes, all without any compensation to you whatsoever, and to permit others to perform the same (“User Content License”).
In particular, please do not use the Contact Means or the Fixion Media Communities pages to send Fixion Media unsolicited ideas, suggestions, content or materials intending or requesting that we review or evaluate them for use by us or any other party (“Unsolicited Materials”). Fixion Media has no obligation or responsibility whatsoever for such submissions and any Unsolicited Materials submitted to Fixion Media will become property of Fixion Media, without any obligation of confidence, restriction on use or disclosure, or obligation for attribution, compensation or otherwise to you or anyone else. You also agree to waive all moral rights in any Unsolicited Materials submitted to Fixion Media.
You understand that Fixion Media may, but is not obligated to, review the Fixion Media Communities pages and refuse to post, edit, or remove User Content or Unsolicited Materials that violate the applicable Social Media Terms, any of the warranties provided above with respect to User Content or for any reason. Fixion Media shall not be responsible for changes, modifications, or removal of any User Content or Unsolicited Materials that you submit. If you believe that any content or postings on a Fixion Media Communities page violate your intellectual property or other rights, you may follow the appropriate complaint procedure in the applicable Social Media Terms or contact us at [email protected].
Contests, Promotions, Surveys
Fixion Media may offer you, from time to time, the opportunity to participate in various contests and surveys and other promotions on the Website. Such contests, promotions and surveys are subject to the specific terms and conditions presented to you at the time of your participation. By entering any contest, promotion or survey on the Website, you agree to be bound and respect the special terms and conditions associated with each contest, promotion or survey as presented to you, including but not limited to any applicable regulatory requirements regarding age of participation.
Purpose of Website
The primary goal of this Website is to provide information on Fixion Media and products and services offered by Fixion Media, our network, our subsidiaries, divisions and affiliated companies.
While Fixion Media shall make all reasonable efforts to ensure that the Content of the Website is accurate, accessible and up to date, it is possible that, at any given time, certain Content may be incomplete, contain errors or be out of date or inaccurate.
Changes may be periodically made to the Website and its Content; these changes will be incorporated in new editions of the Website. For example, Fixion Media may make improvements and/or changes in the information communicated on the Website and in the products and services described herein, at any time without notice and the Website will be updated accordingly.
If you are a client of Fixion Media (“Client”), you may request from Fixion Media an account (the “Client Account”) enabling you to access and use the Client Login portion of the Website (the “Portal”). The Portal and all Client Accounts registered in relation thereto are administered by Fixion Media and by One by AOL (“AdTech”), our third-party ad server platform provider, and other third party vendors.
At your request, Fixion Media shall create a Client Account on your behalf. Each Client is entitled to designate several individuals who shall have the right to use the Client’s Client Account from among the Client’s employees, agents, consultants or other authorized persons (each, an “Authorized Agent”). Fixion Media shall provide each Authorized Agent with an access code and password specific to each individual, enabling such Authorized Agent to access the Portal using the Client Account. The password must comprise a minimum of eight (8) characters, including letters and digits. The access code and password provided to each Authorized Agent are designated for the specific individual and may not be shared with any third party, even within the same organization. To obtain an access code and password for additional Authorized Agents, you may e-mail us at any time at [email protected] with the individual’s full legal name and phone number, and we will generate and provide you with same.
You represent and warrant to Fixion Media that you: (i) shall provide truthful, accurate, current and complete information, as required for creating the Client Account; and (ii) shall maintain and promptly update the information associated with the Client Account. Every Client accessing the Portal is required to have its own Client Account, which may under no circumstances be used by several Clients.
- Access Code and Password
The Client shall use the valid access information provided to it in accordance herewith to access the Client Account. The Client also agrees not to allow the Authorized Agents to access the Client Account by any other means than the valid access information provided to them. The Client and the Authorized Agents shall not attempt any unauthorized access to other Client Accounts, to the other computer systems or networks of Fixion Media, by deriving an access code or a password or by any other means. The Client and the Authorized Agents are responsible for maintaining the confidentiality of the Client Account access information provided to them. The Client and the Authorized Agents shall be entirely liable for any activity that occurs through the Client Account. If any unauthorized use of the Client Account should occur, the Client or its Authorized Agents shall immediately notify Fixion Media by e‑mail at [email protected] so that we may take appropriate action.
- Termination of Client Account
Fixion Media may, in its discretion, close, restrict or suspend any Client Account at any time, without prior notice or compensation. Furthermore, we shall immediately suspend, at our discretion, access privileges of any Authorized Agent who shall not have complied with the terms set out herein.
The Client may, at any time, cease to access and use the Client Account by mere written request to such effect to Fixion Media. For greater certainty, the Client shall remain responsible for any and all activities in its Client Account until such time as same shall be deactivated permanently. Where an Authorized Agent is no longer under the responsibility of the Client, the Client is responsible for immediately notifying Fixion Media thereof, and we shall immediately revoke the access code and password provided to such Authorized Agent. As long as an access code and password are valid, any uses and transactions completed using same shall bind the Client and its Authorized Agent, as the case may be.
- Technical Support
The Client shall receive free technical support by telephone and e‑mail only in connection with problems related to the Client Account, and problems related to access codes and passwords. The Client shall be exclusively responsible for procuring (as well as exclusively responsible for all related costs and expenses) any necessary technical support for the Client’s own computer equipment and software and any technical support necessary for maintaining its electrical and physical facilities and an appropriate Internet connection required to access the Client Account.
Fixion Media shall use commercially reasonable efforts to respond to requests for technical support, but we do not guarantee any specific response time to resolve technical issues, as such response time may vary depending on the nature and extent of any given technical issue. The Client agrees not to send spam or abusively resort to technical support provided by us hereunder, and agrees not to allow its Authorized Agents to do so.
In the context of using this Website, including the Portal, each user of the Website is exclusively responsible for protecting their own computer equipment, software, electrical equipment and other equipment against viruses and to ensure that same are free from any viruses. Fixion Media maintains its own protection against viruses on its servers, but shall assume no liability (including, but without limitation, for direct and indirect damages) for viruses that may affect systems and resulting from access to and use of the Website, including the Portal.
Limitation on Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT, INCLUDING WITHOUT LIMITATION ALL THIRD-PARTY OWNED AND HOSTED CONTENT, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LEGISLATION, AND EXCEPT FOR DAMAGES RELATED TO PHYSICAL PREJUDICE RESULTING FROM AN INTENTIONAL OR GROSS FAULT, OR DAMAGES RESULTING FROM BODILY OR MORAL PREJUDICE, FIXION MEDIA, ITS AFFILIATES AND SERVICE PROVIDERS DO NOT ASSUME ANY LIABILITY TOWARDS THE USER OR ANY OTHER PERSON WITH RESPECT TO DIRECT, INDIRECT OR PUNITIVE DAMAGES RESULTING OR ARISING FROM ACCESS TO, USE OF OR INABILITY TO USE THE SERVICES, EVEN IF FIXION MEDIA, ITS AFFILIATES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.
You agree at all times to indemnify, defend and hold harmless Fixion Media, its affiliates, agents, licensors, suppliers, and their respective directors, officers, shareholders and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) related to or resulting from, directly or indirectly:
- any User Content or Unsolicited Materials which you send to Fixion Media by way of the Contact Means or the Fixion Media Communities pages; or
- subject to the Limitation of Liability section above, your use or misuse of the Content or this Website, including, without limitation, infringement claims.
Hyperlinks and References
When you visit the Website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site Monitoring and Consent to Data Exchange
Fixion Media reserves the right, at its sole discretion, to monitor your use of the Website as well as the use and access of all other users. By accepting to access this Website, you consent to such monitoring. You also acknowledge that Fixion Media is not obliged to do so and makes no representation to this effect.
Your use of this Website results in an exchange of data between your computer and Fixion Media’s server. By accessing this Website, you agree to this exchange as well as to the fact that Fixion Media may store and use some of this information for internal purposes. Fixion Media will not otherwise use or release this information unless obliged to do so by law or by any final judgment rendered by a court of law having appropriate jurisdiction.
Changes Without Prior Notice
Fixion Media reserves the right to amend this Agreement at any time, and in its sole discretion, by posting the amendments on this Website. You are responsible for periodically reviewing the Website for any amendments to this Agreement. Access to the Website or use of this Website after any amendments have been posted shall be construed as your acknowledgement and acceptance of the amended Agreement.
In the event of litigation involving this Agreement, the version of this Agreement in effect at the time the disputed actions take place shall govern the dispute.
This Agreement, as it may be amended from time to time in accordance with the “Changes Without Prior Notice” section above, and any and all other legal notices and policies on this Website, constitute the entire Agreement between you and Fixion Media with respect to the use of this Website and the Content.
Notwithstanding the foregoing, and as previously detailed, certain Content may be subject to different terms and conditions that will be disclosed to you at the time of accessing such Content. If terms and conditions different from those contained herein are disclosed to you in relation to specific Content, those terms and conditions will apply to such Content and take precedence over this Agreement.
Any provision of this Agreement that is deemed unlawful, void, or for any reason unenforceable shall be deemed to be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision.
Limitation of Access, Term and Termination
This Agreement is effective for the duration of your use of the Website. Fixion Media reserves the right to prevent or limit your access to this Website at its sole discretion. The intellectual property, restrictions on use of Content, social media, User Content, limitation on warranty, limitation of liability, and indemnity provisions contained herein shall survive expiry of this Agreement.
Applicable Laws and Jurisdiction
This Agreement and your use of the Website will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, and shall be treated in all respects as a contract entered into and executed in the Province of Quebec, without reference to conflict of laws principles.
Any dispute that may arise from your use of this Website is subject to the jurisdiction of the courts in the Province of Quebec, district of Montreal. You agree to waive any right you may have to participate in any class action against Fixion Media related to this Website, the Content or this Agreement and, where applicable, you also agree to opt out of any class proceedings against Fixion Media.
Any reference made to “this Website” or “Fixion Media Website” shall constitute reference to the Website found at the address fixionmedia.com, and all web pages beginning with the address fixionmedia.com.
Any reference to information contained on this Website refers to all Content on the site, whether such Content is directly or indirectly accessible or via download, whatever its form and without restriction.