Terms of Use

Acceptance of Terms of Use

By using the website (the “Site”) of UaPosition Entertainment Inc. (“UaPosition”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and the Privacy Policy Statement (“Privacy Policy”). This Site is for information purposes only and the Terms of Use and Privacy Policy relate specifically to this Site only and do not apply to websites operated by subsidiary and holding companies of UaPosition, some of which may have their own terms of use and privacy policies. Please read the respective sites’ terms and policies when accessing those sites. We reserve the right to change or discontinue any feature of the Site, including, but not limited to, the Terms of Use, at any time, by posting revisions on the Site. You agree to be deemed apprised and bound by any changes to these Terms of Use and your continued use of the Site indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms of Use. If you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Links to Third Party Sites & Services

UaPosition’ Site contains links to and from sites operated by third parties. UaPosition makes no representations whatsoever about any third party content that you may access from the Site, or about any website from which you may access the Site and/or which may be linked to this Site. We provide third party content and links only as a courtesy to our users, and such links / content do not imply our endorsement of any linked site / content. The linked sites / content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site. Please review the streaming providers’ and the linked sites’ use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.

Intellectual Property

You acknowledge that all Content (defined below) and materials available on this Site, including the selection, co-ordination, arrangement and enhancement of such Content, as well as Content original to it, are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by UaPosition or our licensors or UaPosition has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under licence by, UaPosition. The use or misuse of any of these materials is strictly prohibited. UaPosition, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.

Lawful Use

You agree to use the Site or its Content for lawful purposes and only as expressly permitted in these Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content or materials on the Site or otherwise in any way exploit any of the Content of the Site, in whole or in part or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law, or which, without UaPosition’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Site is strictly prohibited.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. UAPOSITION DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. UAPOSITION, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL UAPOSITION, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold UaPosition including its employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the Content therein, including without limitation your violation of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences.

International Use

By choosing to access the Site from any location, you accept full responsibility for compliance with all local laws that are applicable. UaPosition makes no representation that materials on the Site are appropriate or available for use in  your current locations, and accessing it from territories where its Content is prohibited.

Security Precautions

The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. UaPosition provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

Integration and Severability

These Terms of Use and our Privacy Policy constitute the entire agreement between UaPosition and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.

Unauthorized Use and Termination

You agree to use the Site only for authorized and legal activities. UaPosition reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.

Privacy and Disclosure

You have read and accept the terms of our Privacy Policy.