Agreement to the Terms
This is a binding legal agreement between you and Polar Faith Inc. You must read these terms in their entirety. This agreement contains warranty and liability disclaimers.
By accessing and/or using the services, you accept and agree to these terms, including any and all restrictions posted via the services, without any modification, addition or deletion. If you do not agree to or cannot comply with the terms contained in this agreement in their entirety, you are not authorized to use the services.
Please note you may be denied access to the services, by the sole discretion of Polar Faith Inc. with or without prior notice to you, for noncompliance with any provision of this agreement.
Agreement to Changes or Updates
We reserve the right to make changes and update any information or Content contained within the Services and/or Terms without prior notice. Please check this page periodically for updates. Any changes to these provisions will be incorporated into revised Terms that we will post here. Changes shall be effective when they are posted. Visitors have the obligation to review changes to these Terms when they access or re-access the Sites and/or Services. If you do not agree to, or cannot comply with the revised Terms, you must stop using the Sites and/or Services.
Site and Service Ownership
The Sites and Services are owned and operated by Polar Faith Inc. Polar Faith Inc. and its partners (hereinafter, collectively, "Affiliates"), and/or parties that have granted us specific usage authorizations ("Licensors") own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, codes and software (collectively "Content") displayed or posted on or through the Sites and/or Services. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
Violations and Termination
Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites, the Services, the Content, Polar Faith Inc., its Affiliates, Licensors, members, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any visitor for any reason, including for any violation of these Terms.
Participation and Registration
In order to utilize some of the Services, or participate in a promotion, contest or sweepstakes, you may be asked to register for an account or provide us with certain personal information. Participation in these Services is voluntary. You may also be required to meet an older minimum age requirement and agree to additional posted rules and terms for participation in certain contests, sweepstakes, special events, or additional service offerings. You may discontinue site registrations by following unsubscribe or opting out instructions contained within the Services or in applicable electronic communications from us.
In the instances that you provide your email address to Polar Faith Inc., you consent to our using the email address to send you Service related notices, including among other things notices required by law, in lieu of postal mail. You may not opt-out of Service related emails. We may also send you commercial email on behalf of ourselves, our Affiliates, and certain unaffiliated third parties. You may opt-out of receiving such emails at any time by following the unsubscribe instructions included in each commercial mail.
Protection of Registration Information
Registration for certain Services may require you to select a password or provide other registration information. You agree that you are responsible for maintaining the confidentiality and security of any passwords or other registration information that you provide to us when registering for website activities, features, or service offerings. You agree to notify us of any unauthorized use of your password or other registration information immediately after you become aware of such use.
Polar Faith Inc. will not be responsible for any losses arising out of the unauthorized use of your registration information and/or your account. You agree to indemnify and hold harmless, Polar Faith Inc., its Affiliates, members, employees, agents and/or users, harmless from any claim, action or damages related to such use.
Restrictions on Use of Content
Use of Content for any purpose not expressly permitted herein is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Visitors may print, download or transmit to a personal device the Content from this site only for personal and non-commercial use, provided that the visitor keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site Content. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained on this site grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Polar Faith Inc. trademarks, trade names, service marks or logos without the prior written permission of Polar Faith Inc..
Visitors expressly agree not to engage in any use or activity that:
Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of the Services or Content offered through the Services, including any associated software, hardware, or telecommunications or wireless equipment;
Manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other information;
Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
Contains unauthorized advertising, advertises Content as your own or solicits other visitors;
Promotes any business or commercial activity for any products, goods or services without prior written consent from Polar Faith Inc.;
Impersonates any business or entity, or falsely represents your affiliation with a person or entity;
Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Services, the Content available through the Services or any portion thereof;
Circumvent any technology used by Polar Faith Inc. or its licensors to protect the Services and/or the Content accessible via the Services;
Contains off-topic information;
Rent, lease, lend, sublicense, or otherwise redistribute any part of the Services and/or the Content;
Is unlawful, harmful to adults or minors, threatening, abusive, harassing, inflammatory, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable; or
Otherwise violates Polar Faith Inc. policies or the Terms.
Polar Faith Inc. has established access areas or site services where certain visitors may be permitted to download or use specific information or Content for purposes other than provided herein. This limited access and usage is a feature of a specific site service and is not intended to give up any of our rights to protected Content and information on this site or that is otherwise owned by Polar Faith Inc. or its Affiliates. Any waivers or extension of the above restrictions may only be obtained with the express written permission of Polar Faith Inc. by sending a written request to:
Polar Faith Inc.
2516 – 106 st
Edmonton, AB T6J 4R8
Decisions to grant or deny permission are within Polar Faith Inc. 's sole discretion.
Polar Faith Inc. and its Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or these Terms.
In the event a feature of this site authorizes the download of certain software from this site or another electronic device, the software, including any files, images, graphics or Content incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non-commercial use only. We do not transfer title to the Software to you. You own the medium or electronic device on which the Software is viewable or recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. Although you may transmit or download certain Content accessible via the Software, you may not sell, auction, decompile, reverse engineer, disassemble, redistribute for commercial purposes or otherwise reduce the Software to a human-readable form. You are also solely responsible for the Software's compatibility, ability to function and interface with your medium or electronic device. Polar Faith Inc. reverses all rights not expressly granted to you.
Prohibitions on Framing and/or Posting
Visitors are prohibited from (i) framing and/or linking to any portion of Polar Faith Inc.'s Services other than the content expressly made available to visitors for that purpose; (ii) posting banners, advertising or other links on the Polar Faith Inc. web site pages; or (iii) using any Content or site logos for purposes beyond personal use, without the express written permission of Polar Faith Inc.. Written requests for framing, site postings, advertising or Content usage should be sent to Polar Faith Inc.firstname.lastname@example.org.
Visitors may encourage others to access the information appearing on our site or available through other electronic devices. You may also link to our homepage from another site or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship or approval by Polar Faith Inc.. You may not bypass registered areas of our site and hyperlink to protected pages.
We assume no obligation to limit the use of or to protect any non-personal information from disclosure. The submission of non-personal information to us shall in no way prevent the disclosure, use, purchase or manufacture ideas, plans, services, products or the like by Polar Faith Inc. or its Affiliates for any purpose; and we shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.
We may provide access to interactive areas on the Sites or through the Services, such as chats and discussion boards, user content areas and talk forums (collectively identified as "Interactive Areas"). These Interactive Areas are public areas and may be owned, operated and/or managed by entities other than Polar Faith Inc.. These entities may share transcripts of Interactive Areas with Polar Faith Inc., its Affiliates and other third parties.
Visitors must follow all posted guidelines for Interactive Areas. To the extent there is a conflict between the rules of an Interactive Area and the Terms herein, the rules of the Interactive Area will govern.
Polar Faith Inc. reserves the right, in its sole discretion, to remove any content, chats, discussion boards or any other content posted through the Services.
Postings are the responsibility of the person from whom such postings originate. You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information, materials or images that originate from you or your account and that are emailed, posted, uploaded, transmitted or otherwise made available for access, viewing or use over this website, in Interactive Areas or through other electronic devices. You grant Polar Faith Inc. and its Affiliates an irrevocable, royalty-free, perpetual, non-exclusive right to use, copy, display, modify, edit and create derivative works from and to distribute any information that you post, upload or transmit in or through the Services.
Submissions or postings to Interactive Areas, without limitation, will be made public. If a posting, message or other transmission originates from you or your account, you hereby understand and agree that you are placing the posting in the public domain, and you represent and warrant that the posted or transmitted information (i) is not unlawful, harmful to adults or minors, threatening abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) does not violate any patent, trademark, trade secret, copyright or other proprietary rights of any person; (iii) does not contain unauthorized advertising or solicit other visitors; (iv) does not interrupt, destroy or limit the functionality, integrity or operation of any software, hardware or Content; (v) that the posting does not violate or breach the Terms; (vi) is for noncommercial purposes and is not intended to promote or generate revenue for any business enterprise or commercial activity and (vii) does not reveal plot points or other "spoiler" elements related to any Polar Faith Inc. programming. Visitors also expressly agree not to use Interactive Areas to make available any information or content that violates the restrictions contained in Section VII above or that disrupts or incites others to violate our standards, any laws or these Terms.
For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number, email or street address. You should always use a screen name or other alias (other than your real name) to identify yourself in any public or Interactive Areas.
Polar Faith Inc., its Affiliates and any content providers that conduct, operate and/or manage Interactive Areas will not be responsible or liable for the actions or postings of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in Interactive Areas. Postings to Interactive Areas may not be reviewed by Polar Faith Inc. prior to appearing publicly. Polar Faith Inc. reserves the right, but has no obligation, to change, delete or remove, in part or in full, any postings made available through the Services or in Interactive Areas. Polar Faith Inc. may also terminate or suspend access to such areas for conduct that we believe interferes with other people's enjoyment, violates applicable laws and/or these Terms.
Polar Faith Inc. may provide visitors with the opportunity to register for special services, news, programming, applications or other information delivered via wireless devices. When registering for such service(s), visitors consent to the delivery and receipt of any such information from Polar Faith Inc. or its third party service providers over the wireless device as specified by the visitor. The visitor shall provide wireless device contact information through a mobile device number, wireless email or other contact information. Additional information, such as the visitor's wireless carrier, may also be requested to complete the registration. Visitors are solely responsible and liable for any information provided when registering for wireless services and for any fees or charges applied by the visitor's wireless carrier for all messages, images or other communications, sent via the Services from Polar Faith Inc. or its authorized third party providers. Under no circumstances will Polar Faith Inc. or its Affiliates be responsible or liable for any wireless carrier fees or charges incurred by a visitor or a third party that has access to a wireless device, telephone number or email address, including for third parties that receive information from Polar Faith Inc. as directed by a visitor's registration for such service.
Certain activities or services available through wireless or other electronic devices may involve: (i) communications over various networks, servers or devices prior to reaching its intended recipient; (ii) changes to adapt to multiple security requirements; and (iii) changes to adapt to technology requirements of various networks. Visitor understands that such automated communications and changes are beyond the control of Polar Faith Inc. once Content or other information leaves the Polar Faith Inc. network or servers. Polar Faith Inc. and its Affiliates are not liable or responsible for any consequence or damage resulting, directly or indirectly, from such automated communications or changes.
Visitors must comply with any additional end user licensing restrictions in connection with wireless services. You understand and agree that Polar Faith Inc., at its sole discretion, may discontinue or terminate any wireless or other services at any time and without notice.
Accuracy of Information
Polar Faith Inc. uses reasonable efforts to ensure the accuracy and correctness of Content available through the Services and the operation of the Services and certain offerings; however, the Services may occasionally contain Content, information or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding Content, Sites, or Services accuracy, validity, correctness, timeliness, reliability or that usage will be error-free. Services' information may not be updated on a daily basis and may not be the most current information available. Although we may post updated information, we may continue to allow access to the original information or Content, or we may not go back and change the original information to reflect new developments. You should independently confirm any information appearing through the Services. We are not responsible for any claim, liability or damage resulting from your use, reaction or reliance on any Content or information available through the Services.
DISCLAIMER OF WARRANTIES
The sites, services, and content are provided "as is." We do not warrant, expressly or by implication, the accuracy or reliability of any content provided or posted through the services or its suitability for any particular purpose. Polar Faith Inc. expressly disclaims all warranties, express or implied, to the fullest extent permitted by applicable law, including, but not limited to, warranties of merchantability, satisfaction, quality, fitness for a particular purpose or noninfringement. Polar Faith Inc. does not warrant that the content found through the services is free from viruses or other potentially harmful attributes.
LIMITATION OF LIABILITY
Neither Polar Faith Inc. nor its affiliates, members, employees, or agents shall be liable or shall have responsibility of any kind whatsoever to any visitor or third party, for any loss, harm or damage that results or occurs from: (i) use of or access to services or content posted through the services; (ii) use or access to any service, wireless or otherwise, provided as a feature or offering through the services; (iii) any failure or interruption of the services; (iv) any act or omission of any service provider or agent involved in making the services or the content available to visitors; (v) any other cause relating to a visitor's access or use, or inability to access or use, any portion of the services or content; (vi) any content, materials, advice or opinions posted or uploaded through the services, including any visitor reliance on such information; (vii) any security breach, or any virus, bug, tampering, unauthorized intervention, fraud, error, inaccuracy, defect or technical malfunctions; or (vii) any visitor's failure to comply with these terms, whether or not the circumstances giving rise to such cause may have been within the control of Polar Faith Inc., its affiliates or agents providing software, services or support. In no event will Polar Faith Inc., its affiliates, members, employees or agents be liable to any visitor for any direct, special, indirect, punitive, consequential, or incidental damages or any other loss or damages of any kind even if Polar Faith Inc. or its affiliates have been advised of the possibility thereof.
LEAVING THE SITE
You agree to indemnify, defend and hold harmless Polar Faith Inc., its affiliates, members, employees, and agents from and against all claims, losses, expenses, damages, costs and fees, including reasonable attorneys' fees, resulting from your violation or breach of these terms, your unauthorized access or use of content, services and/or any consequences arising out of your access or use of the services and or content.
AFFILIATES, SERVICE PARTNERS, AND SPONSORS
Certain website features, promotions, activities or information may be made available, sponsored or promoted by Affiliates, service partners or sponsors.
THIRD PARTY LINKS
Polar Faith Inc. reserves the right, in its sole discretion, to terminate links with any third parties or other websites.
ADVICE, OPINIONS, AND OTHER THIRD PARTY INFORMATION
Our website allows for entertaining communication to and with its visitors. The Services may contain facts, views, opinions and statements of Polar Faith Inc., its Affiliates, employees, agents or independent third parties. We do not represent or endorse the accuracy, reliability, appropriateness or truthfulness of any advice, opinion, statement or other information or images displayed or distributed through our Sites or Services. Statements or other information posted by third parties also do not reflect the views, opinions or beliefs of Polar Faith Inc., its Affiliates and are not intended to replace or provide any medical or other professional diagnosis, treatment, claim, advice or recommendation. You acknowledge and assume all risks and liability associated with your review, use, reaction or reliance on any statements, opinions or other information posted or transmitted by third parties on our Sites or through the Services.
Polar Faith Inc. reserves the right, in its sole discretion, to terminate links with any third parties or other websites.
The Copyright for this site is held by Polar Faith Inc.. All rights reserved.
CHOICE OF LAW AND FORUM
This website is originated and located in Cnada, and these Terms shall be governed by and construed in accordance with the laws of the Province of Alberta applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this website from locations outside of Canada do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the Province of Alberta, and you hereby submit to the personal jurisdiction of such courts.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or Content must be filed within one (1) year after such cause of action arose or be forever barred.
THIRD PARTY BENEFICIARIES
You agree that, except for as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to this Agreement.
VALIDITY OF THESE TERMS
If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and effect.
These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to access and usage of this website and Content posted on the site. No action of ours, other than an express written waiver or update to these Terms, may be construed as a waiver of any part of these Terms. In the event Polar Faith Inc. waives or updates any specific provision of these Terms, all other portions will remain intact.
Version: August 2013
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