Terms of Use

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Terms of Use Agreement

Wel­come to the Emer­ald City Media site designed, pro­duced, and main­tained by Emer­ald City Media Inc. We main­tain this web site as a ser­vice to our cus­tomers. By using our site, you are agree­ing to com­ply with and be bound by the fol­low­ing terms of use. Please review the fol­low­ing terms care­fully. If you do not agree to these terms, you should not review infor­ma­tion or obtain goods or prod­ucts from this site. The term “Kawartha Lakes City Life™”, “City Life”, “Kawartha Lakes Style Guide™”, “Style Guide”, “Style Files”, “us” or “our” refers to Emer­ald City Media, Inc. The term “you” refers to the user or viewer of our Web Site.

1. Accep­tance of Agreement.

You agree to the terms and con­di­tions out­lined in this Terms of Use Agree­ment (“Agree­ment”) with respect to our site (the “Site”). This Agree­ment con­sti­tutes the entire and only agree­ment between us and you, and super­sedes all prior or con­tem­po­ra­ne­ous agree­ments, rep­re­sen­ta­tions, war­ranties and under­stand­ings with respect to the Site, the con­tent, prod­ucts or ser­vices pro­vided by or through the Site, and the sub­ject mat­ter of this Agree­ment. This Agree­ment may be amended at any time by us from time to time with­out spe­cific notice to you. The lat­est Agree­ment will be posted on the Site, and you should review this Agree­ment prior to using the Site.

2. Copy­right.

The con­tent, orga­ni­za­tion, graph­ics, design, com­pi­la­tion, mag­netic trans­la­tion, dig­i­tal con­ver­sion and other mat­ters related to the Site are pro­tected under applic­a­ble copy­rights, trade­marks and other pro­pri­etary (includ­ing but not lim­ited to intel­lec­tual prop­erty) rights. The copy­ing, redis­tri­b­u­tion, use or pub­li­ca­tion by you of any such mat­ters or any part of the Site, except as allowed by Sec­tion 4, is strictly pro­hib­ited. You do not acquire own­er­ship rights to any con­tent, doc­u­ment or other mate­ri­als viewed through the Site. The post­ing of infor­ma­tion or mate­ri­als on the Site does not con­sti­tute a waiver of any right in such infor­ma­tion and materials.

3. Trade­marks.

Emer​ald​C​i​ty​Media​.com, Kawartha​LakesC​ityLife​.com, Kawartha​LakesStyleGuide​.com, and oth­ers are either trade­marks or reg­is­tered trade­marks of Emer­ald City Media Inc. Other prod­uct and com­pany names men­tioned on the Site may be trade­marks of their respec­tive owners.

4. Lim­ited Right to Use.

The view­ing, print­ing or down­load­ing of any con­tent, graphic, form or doc­u­ment from the Site grants you only a lim­ited, non exclu­sive license for use solely by you for your own per­sonal use and not for repub­li­ca­tion, dis­tri­b­u­tion, assign­ment, sub­li­cense, sale, prepa­ra­tion of deriv­a­tive works or other use. No part of any con­tent, form or doc­u­ment may be repro­duced in any form or incor­po­rated into any infor­ma­tion retrieval sys­tem, elec­tronic orme­chan­i­cal, other than for your per­sonal use (but not for resale or redistribution).

5. Edit­ing, Delet­ing and Modification.

We reserve the right in our sole dis­cre­tion to edit or delete any doc­u­ments, infor­ma­tion or other con­tent appear­ing on the Site.

6. Indem­ni­fi­ca­tion.

You agree to indem­nify, defend and hold us and our part­ners, attor­neys, staff and affil­i­ates (col­lec­tively, “Affil­i­ated Par­ties”) harm­less from any lia­bil­ity, loss, claim and expense, includ­ing rea­son­able attorney’s fees, related to your vio­la­tion of this Agree­ment or use of the Site.

7. Non­trans­fer­able.

Your right to use the Site is not trans­fer­able. Any pass­word or right given to you to obtain infor­ma­tion or doc­u­ments is not transferable.

8. Dis­claimer and Limits.

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-​IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

9. Use of Information.

We reserve the right, and you autho­rize us, to the use and assign­ment of all infor­ma­tion regard­ing Site uses by you and all infor­ma­tion pro­vided by you in any man­ner con­sis­tent with our Pri­vacy Policy.

10. Third-​Party Services.

We allow access to or adver­tise third-​party mer­chant sites (“Mer­chants”) from which you may pur­chase cer­tain goods or ser­vices. You under­stand that we do not oper­ate or con­trol the prod­ucts or ser­vices offered by Mer­chants. Mer­chants are respon­si­ble for all aspects of order pro­cess­ing, ful­fill­ment, billing and cus­tomer ser­vice. We are not a party to the trans­ac­tions entered into between you and Merchants.

YOU AGREE THAT THE USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-​INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

11. Third-​Party Mer­chant Policies.

All rules, poli­cies (includ­ing pri­vacy poli­cies) and oper­at­ing pro­ce­dures of Mer­chants will apply to you while on such sites. We are not respon­si­ble for infor­ma­tion pro­vided by you to Mer­chants. We and the Mer­chants are inde­pen­dent con­trac­tors and nei­ther party has author­ity to make any rep­re­sen­ta­tions or com­mit­ments on behalf of the other.

12. Pri­vacy Policy.

Our Pri­vacy Pol­icy, as it may change from time to time, is a part of this Agreement.

13. Pay­ments.

You rep­re­sent and war­rant that if you are pur­chas­ing some­thing from us or from Mer­chants that:

a) any credit infor­ma­tion you sup­ply is true and complete,

b) charges incurred by you will be hon­ored by your credit card com­pany, and

c) you will pay the charges incurred by you at the posted prices, includ­ing any applic­a­ble taxes.

14. Secu­ri­ties Laws.

This Site may include state­ments con­cern­ing our oper­a­tions, prospects, strate­gies, finan­cial con­di­tion, future eco­nomic per­for­mance and demand for our prod­ucts or ser­vices, as well as our inten­tions, plans and objec­tives, that are forward-​looking state­ments. These state­ments are based upon a num­ber of assump­tions and esti­mates which are sub­ject to sig­nif­i­cant uncer­tain­ties, many of which are beyond our con­trol. When used on our Site, words like “antic­i­pates,” “expects,” “believes,” “esti­mates,” “seeks,” “plans,” “intends” and sim­i­lar expres­sions are intended to iden­tify forward-​looking state­ments designed to fall within secu­ri­ties law safe har­bors for for­ward — look­ing state­ments. The Site and the infor­ma­tion con­tained herein does not con­sti­tute an offer or a solic­i­ta­tion of an offer for sale of any secu­ri­ties. None of the infor­ma­tion con­tained herein is intended to be, and shall not be deemed to be, incor­po­rated into any of our securities-​related fil­ings or documents.

15. Links to other Web Sites.

The Site con­tains links to other Web sites. We are not respon­si­ble for the con­tent, accu­racy or opin­ions express in such Web sites, and such Web sites are not inves­ti­gated, mon­i­tored or checked for accu­racy or com­plete­ness by us. Inclu­sion of any linked Web site on our Site does not imply approval or endorse­ment of the linked Web site by us. If you decide to leave our Site and access these third-​party sites, you do so at your own risk.

16. Link­ing to the Site.

You may pro­vide links to the Site, provided:

a) that you do not remove or obscure, by fram­ing or oth­er­wise, adver­tise­ments, the copy­right notice, or other notices on the Site,

b) your site does not engage in ille­gal or porno­graphic activ­i­ties, and

c) you dis­con­tinue pro­vid­ing links to the Site imme­di­ately upon request by us, or

d) you may be required to pro­vide a graphic rep­re­sen­ta­tion fur­nished by us with appro­pri­ate source code to ensure con­sis­tent and uni­form link­ing practices.

17. Copy­rights and Copy­right Agents.

We respect the intel­lec­tual prop­erty of oth­ers, and we ask you to do the same. If you believe that your work has been copied in a way that con­sti­tutes copy­right infringe­ment, please pro­vide our Copy­right Agent the fol­low­ing information:

a) An elec­tronic or phys­i­cal sig­na­ture of the per­son autho­rized to act on behalf of the owner of the copy­right interest;

b) A descrip­tion of the copy­righted work that you claim has been infringed;

c) A descrip­tion of where the mate­r­ial that you claim is infring­ing is located on the Site;

d) Your address, tele­phone num­ber, and email address;

e) A state­ment by you that you have a good faith belief that the dis­puted use is not autho­rized by the copy­right owner, its agent, or the law; and

f) A state­ment by you, made under penalty of per­jury, that the above infor­ma­tion in your Notice is accu­rate and that you are the copy­right owner or autho­rized to act on the copy­right owner’s behalf.

Our Copy­right Agent for Notice of claims of copy­right infringe­ment on the Site is Emer­ald City Media Copy­right Agent who can be reached as follows:

By mail:

Emer­ald City Media Inc., Copy­right Agent, c/​o Admin­is­tra­tion Ser­vices, Emer­ald City Media Inc., 9 Albert Street South, Suite 402, Ontario, Canada, K9V 5E4

By email: Cus­tomer Service

18. Refund Policy.

If a prod­uct pur­chased by you proves to be defec­tive or not to your rea­son­able sat­is­fac­tion, you can return the prod­uct within 21 days of receipt, to the fol­low­ing address:

Emer­ald City Media Inc., 9 Albert Street South, Suite 402, Ontario, Canada, K9V 5E4.

In such event, we will pro­vide you a credit for other pur­chases on the Site (less ship­ping and han­dling charges incurred). This Sec­tion 17 sets forth your sole and exclu­sive right to refund and return.

19. Infor­ma­tion and Press Releases.

The Site con­tains infor­ma­tion and press releases about us. While this infor­ma­tion was believed to be accu­rate as of the date pre­pared, we dis­claim any duty or oblig­a­tion to update this infor­ma­tion or any press releases.

Infor­ma­tion about com­pa­nies other than ours con­tained in the press release or oth­er­wise, should not be relied upon as being pro­vided or endorsed by us.

20. Mis­cel­la­neous.

This Agree­ment shall be treated as though it were exe­cuted and per­formed in The City of Kawartha Lakes, Ontario, and shall be gov­erned by and con­strued in accor­dance with the laws of the Province of Ontario (with­out regard to con­flict of law prin­ci­ples). Any cause of action by you with respect to the Site (and/​or any infor­ma­tion, prod­ucts or ser­vices related thereto) must be insti­tuted within one (1) year after the cause of action arose or be for­ever waived and barred. All actions shall be sub­ject to the lim­i­ta­tions set forth in Sec­tion 8 and Sec­tion 10. The lan­guage in this Agree­ment shall be inter­preted as to its fair mean­ing and not strictly for or against either party. All legal pro­ceed­ings aris­ing out of or in con­nec­tion with this Agree­ment shall be brought solely in The City of Kawartha Lakes, Ontario. You expressly sub­mit to the exclu­sive juris­dic­tion of said courts and con­sents to extra-​territorial ser­vice of process. Should any part of this Agree­ment be held invalid or unen­force­able, that por­tion shall be con­strued con­sis­tent with applic­a­ble law and the remain­ing por­tions shall remain in full force and effect. To the extent that any­thing in or asso­ci­ated with the Site is in con­flict or incon­sis­tent with this Agree­ment, this Agree­ment shall take prece­dence. Our fail­ure to enforce any pro­vi­sion of this Agree­ment shall not be deemed a waiver of such pro­vi­sion nor of the right to enforce such provision.