Terms and Conditions of Use
Please read these Terms and Conditions of Use carefully before using waltertandoori.com
This site at waltertandoori.com ("the Site") is fully controlled and operated by Image Entertainment Corporation Inc. (“Image Entertainment” or “Image” or “We” or “Our”) whose registered office is 417 St.Pierre, Suite 600, Montreal, QC H2Y 2M4. Image Entertainment can be contacted by phone on 514 844 1244, or by fax on 514 844 0554 or by submitting a message at the email@example.com .
By accessing and using this Site you, the user, (“you” or “your” or “user”) agree to be bound by the following “Terms and Conditions of Use”. If you do not agree with all of the following Terms and Conditions of Use, please do not use the Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions of Use at any time. Such changes and/or modifications shall become effective immediately upon being posted on the Site.
Please review the Terms and Conditions of Use from time to time. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions of Use.
1. Access to the Site
Image Entertainment grants you a personal, revocable, non-exclusive, non-transferable right to access and use the Site, for non-commercial use only, in accordance with the Terms and Conditions of Use.
2. Ownership of Intellectual Property Rights
2.1. “Intellectual Property Rights” shall mean all patents, trade marks, service marks, copyright, database right, service marks, trade names and design rights and similar proprietary rights worldwide whether registered or unregistered and all renewals and extensions. “Associated Companies” shall mean Productions Mr. Ecolo Inc. including without limitation any corporation, general or limited partnership, firm, joint venture, association, joint stock company, limited liability company, division, or other form of business or legal entity which is directly or indirectly, through one or more intermediaries, Controlled by Productions Mr. Ecolo Inc. “Controlled” shall mean the power to direct or cause the direction of the management and policies of such corporation, general or limited partnership, firm, joint venture, association, joint stock company, limited liability company, division, or other form of business or legal entity, whether through the ownership of voting equity securities, by contract, by membership or involvement in the board of directors, management committee or other management structure or otherwise.
2.2. All rights, title and interest in Intellectual Property Rights in the Site including without limitation games, ringtones, data, software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material or other elements and the selection and arrangement of all such elements (the "Material") are the property of Image Entertainment Corporation Inc. and/or its Associated Companies and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to the Canadian Intellectual Property Rights laws and to any foreign Intellectual Property Rights laws, if any.
2.3. Image Entertainment grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for non-commercial use only, one copy of select Material that we may offer to you via the Site from time to time including without limitation games, video-clips, screensavers and artwork provided that you maintain all copyright and other Intellectual Property Rights proprietary notices contained in such Material.
2.4. You agree not to copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate any Material and/or part of or all of the Site to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Image Entertainment. Use of Image Entertainment and/or its licensors' Material is only permitted with express prior written permission of Image Entertainment. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material including without limitation any software.
3.1. Where Image Entertainment provides areas of the Site to allow users to post and exchange information, ideas and opinions ("Postings"), the Postings do not necessarily reflect the views of Image Entertainment. Except for clause 3.4, in no event shall Image Entertainment assume or have any responsibility or liability for any Postings nor shall Image Entertainment represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Postings nor shall Image Entertainment be liable for any loss or damages resulting from their use and/or appearance on the Site.
3.2. By providing a Posting to the Site, you undertake, represent and warrant to Image Entertainment that you have all necessary rights in and to that Posting and all information it contains and that no such Posting will infringe any Intellectual Property Rights or other right of any third parties.
3.3. By submitting any Posting, you grant Image Entertainment and its Associated Companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the Posting in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
3.4. We do pre-screen Postings. Image Entertainment will make every effort to ensure that the Site best serves your interests and those of all users and, therefore, Image Entertainment will have the right to monitor, remove, suspend, destroy, use and change any Posting and/or content that is available on or via any chat area or our Site generally, in any manner that Image Entertainment may determine, in its sole discretion, at any time.
3.5. You agree that you will not use any Posting and/or our Site, in whole or in part, to:
3.5.1. collect, store and/or identify private or personal information of a user;
3.5.2. facilitate personal attacks on other individuals and/or users;
3.5.3. upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that Image Entertainment deems in its sole discretion inappropriate for the Site;
3.5.4. harm a user in any way and more particularly abusing children online;
3.5.5. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
3.5.6. stalk or otherwise harass another;
3.5.7. upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
3.5.8. upload, post or e-mail any content that infringes any Intellectual Property Rights or other third party rights of any party;
3.5.9. upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
3.5.10. upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
3.5.11. delete or alter any author attributions, trade-marks, trade-names, logos, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;
3.5.12 falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;
3.5.13. disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; and/or
3.5.14. violate any applicable national or international laws or regulations.
3.6. You may use the Site for non-commercial purposes only. You may not submit Postings intended to promote and/or generate revenue for yourself and/or any third party business activity.
4.1. You grant Image Entertainment and its Associated Companies a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to any information (in addition to Postings) or other material including without limitation text, images, designs, audio and/or video clips (“Submissions”) submitted by you to the Site (whether at the invitation of Image Entertainment or on an unsolicited basis) to use, reproduce, copy, adapt, transmit, broadcast, publish or delete as Image Entertainment and/or its Associated Companies, in their discretion see fit.
4.2. You agree, in such circumstances, that you are not entitled to any compensation from Image Entertainment and/or its Associated Companies.
4.3. You undertake, represent and warrant to Image Entertainment that any such Submission is original to you, does not infringe the rights of any third party including without limitation Intellectual Property Rights and is not defamatory. You further agree to waive any moral rights and to assign any performance rights in any such Submission in relation to its use by Image Entertainment and/or its Associated Companies.
5. Competitions and Other Activities
Image Entertainment provides terms and conditions for certain activities on the Site including, without limitation, for competitions provided by Image Entertainment in conjunction with third parties. These Terms and Conditions of Use are incorporated by reference into those specific terms and conditions provided in respect of a particular activity. In the extent of any conflict, the specific terms and conditions provided for the activity you have chosen will take precedence.
6. Disclaimer and Limitation of Liability
6.1. THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED BY IMAGE ENTERTAINMENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT TO THE EXTENT REQUIRED BY LAW, IMAGE ENTERTAINMENT INCLUDING ITS ASSOCIATED COMPANIES, ITS DIRECTORS, EMPLOYEES, AGENTS OR SUB-CONTRACTORS (1) DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND/OR WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY; (2) IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONNECTED WEBSITE AND DOES NOT WARRANT THAT THE SITE, THE SERVER(S) THAT MAKE THE SITE AVAILABLE OR ANY CONNECTED WEBSITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;(3) IS NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL, POSTINGS OR SUBMISSIONS CONTAINED ON THE SITE; AND (4) DOES NOT WARRANT THAT THE SITE, OR ANY CONNECTED WEBSITE, ANY MATERIALS, THIRD PARTY CONTENT, GOODS AND SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE.
6.2. EXCEPT FOR IMAGE ENTERTAINMENT’S RESPONSIBILITY TO PRE-MONITOR POSTINGS, THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE SITE OR ANY CONNECTED WEBSITE RESTS WITH YOU.
6.3. EXCEPT IN THE CASE OF (1) WILFUL MISCONDUCT, (2) FRAUD AND/OR (3) NEGLIGENCE RESULTING IN DEATH OR PERSONAL INJURY, IMAGE ENTERTAINMENT, ITS ASSOCIATED COMPANIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, REPRESENTATIVES, AND/OR THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AND/OR CLAIMS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR POSTINGS AND/OR MATERIALS AND/OR ANY CONNECTED WEBSITE.
6.4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IMAGE ENTERTAINMENT, ITS ASSOCIATED COMPANIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, REPRESENTATIVES, AND/OR THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR POSTINGS AND/OR MATERIALS AND/OR ANY CONNECTED WEBSITE INCLUDING, WITHOUT LIMITATION, (1) INDIRECT OR CONSEQUENTIAL LOSS; (2) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS; (3), INCIDENTAL, DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES; (4) LOSS OF OR DAMAGE TO DATA; (5) LOSS OF BUSINESS OR GOODWILL; AND/OR (6) WASTED OR LOST MANAGEMENT TIME, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL IMAGE ENTERTAINMENT'S LIABILITY TO YOU FOR ANY AND ALL LOSSES OR DAMAGES (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
7. Third Party Hyperlinks
The appearance of external hyperlinks and/or other elements generated by third parties on the Site does not constitute endorsement by Image Entertainment and/or its Associated Companies of the opinions or views expressed by such third parties' websites. Image Entertainment does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ sites. Furthermore, Image Entertainment is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties’ sites. As such, neither Image Entertainment nor its Associated Companies will be responsible for content provided on any third party website.
You agree to fully indemnify, defend and hold harmless Image Entertainment, its Associated Companies, its directors, employees, agents, licensors, representatives and third party providers from and against all loss and damages including reasonable legal fees, resulting from any breach of these Terms and Conditions of Use by you. Image Entertainment reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to full indemnity by you, in which event you agree to fully co-operate with Image Entertainment in defending any action or potential action.
9.1. These Terms and Conditions of Use contain the entire understanding between you and Image Entertainment and supersede all prior understanding of the user and Image Entertainment in respect of the user's use of the Site.
9.2. If any provision of these Terms and Conditions of Use is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
9.3 This agreement is effective until terminated by either party. User may terminate this agreement at any time by destroying all materials obtained from this site. This agreement will terminate, without notice from Image Entertainment if, in our sole discretion, user fails to comply with any term or provision hereunder. Upon termination, user must destroy all materials obtained from this Site and any and all copies thereof, whether made under the terms of this agreement or otherwise. User warrants that s/he shall refrain from submitting any content to Image Entertainment which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, violates intellectual property or laws. In the event of any of the above, Image Entertainment may terminate this agreement and user shall indemnify Image Entertainment and its respective designees against any and all third party claims, if any, as a result.
9.4. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and the applicable Canadian Laws and any disputes arising shall be subject to the exclusive jurisdiction of the Province of Quebec courts.