For proper viewing of IMM...make sure that your browser is set to 100%.
Thank You for using our red "Read Instruction" buttons before sending us an email. It saves both of us a lot of time. You will find one on every page.
Remember... you can use our "Profit Sharing Referral System" to quickly and easily earn back your membership fee. IMM is the ONLY music site in the world where you can do this... Share in the Profits.
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Standard (Domestic) Stripe Fees: 2.9% + $0.30
International Stripe Fees: 3.7% + $0.30
They describe it thus...
Domestic Transaction: A transaction occurring when both the sender and receiver are registered with or identified as residents of the same market.
International Transaction: A transaction occurring when the sender and receiver are registered with or identified as residents of different markets.
Because we are a Canadian based company... Stripe has a policy that charges any members outside of Canada (International transaction) an additional "0.8% International Card Fee" (in addition to 2.9%) when joining IMM or when making deposits or withdrawals to their Onsite Account (Wallet)... Stripe Fee 3.7% + $0.30. This cannot be helped.
This is why we recommend you use your Onsite Account (Wallet) to make purchases. This way there is no Gateway charges at all.
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Please DO NOT call your credit card company... contact us first.
Artists-Bands-Comedians, Past Artists/Bands & Businesses-Labels-Agents... 100% money back lifetime guarantee... you may cancel your membership at any time and get a full refund.
Fans & MVS (Musicians/Vocalists/Songwriters)... 80% money back lifetime guarantee... because we give out a 20% Referral commission to other members when you join... we cannot return this money.
Simply go to "Contact IMM" select "Returns" and send IMM a message requesting a refund... IMM will contact you and send you an E-transfer for your membership fee and any money you may have in your Onsite Account (Wallet).
Unwritten Rule... We ask that you Please... sign up with the first member that made you aware of IMM... it is how we all work together... and you would want the same for yourself. This is an honorary thing... you may signup with whom you wish.
FYI: IMM cannot touch any monies in the Wallet of any member except in the case of Fake or Fraudulent memberships... again, these types of memberships are easily spotted by our AI Bots... not to mention our members.
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Rule #1... Only IMM may advertise IMM commercially.
A member MAY NOT use commercial advertising to promote their Referral Code or Signup Button.. EG: Radio, Newspapers, Billboards, Public Publications, TV, Paid Social Media ads such as pay per click ads... etc.
Members MAY commercially promote themselves, their music and where to find them [on IMM], but they MAY NOT mention their Referral Code or Signup Button in such ads.
Members MAY promote IMM and/or their Referral Code and Signup Button at... Shows, on Social Media, Tee shirts, Posters, Flyers, Business Cards or on Merchandise... any Grass Roots Promotion.
This rule is in place to protect our Artists and Members from "Big Money" or anyone else that thinks their clever... scooping up all the new members and commissions with public ads (that would otherwise go to our Artists and Fans)..
Rule #2... IMM will not tolerate any negativity what so ever. This site is for beginners as well as seasoned professionals. A lot of artists and musicians on this site are just starting out and have a long way to go... some might take longer than others to come into their being and we support them the same way we do experienced and well practiced musicians. You will not hide behind constructive criticism. If anybody has the guts to put themselves out there, they need to be applauded not criticized. If you want to give them advice... find a kind way to do it. We only encourage creativity and positivity, what one person doesn't like, another may love. So keep any negative opinions to yourself. This site is about social acceptance and support so please keep it that way.
This site belongs to the Fans & Artists of the World... there will be absolutely no Politics or Bigotry here... we are all Purple... don't you just love Purple People.
Bottom Line: If you haven't got something nice to say, then please, don't say anything at all.
Rule #3... A member will NOT open a second membership as the same Artist or Band or post the same Track or Album twice in different memberships. This is easily found with our AI bots.
Rule #4... A member will NOT list their Nearest Major City as a faraway city just to get their name in a bigger market... if you live in a "City" (listed as your Home Town/City) then that is the city you list as your Nearest Major City. DO NOT list two cities. If you live in a town... list the nearest city to you.
Rule #5... A Label or Agent (or anyone) MAY NOT access or place into a contract any part of an Artists commissions paid to them by IMM (for any reason). A Label (or any business for that matter) MAY earn commissions by signing up new members.
Check here for any new rules we may add.
Rule #6... Superstars... WILL NOT attempt to make use of IMM's commission system... you will keep to your specified category. (You know who you are, we do).
A Superstar is an Artist or Band that is financially secure and does not need our financial help.
IMM is for struggling Artists... you have yours... so, if you really want to help... bring your huge Fan Base to IMM and get them to sign up with our members. All they have to do is click on "Join IMM" on the front page of IMM... the site will automatically insert one of our members referral codes, from either Artists-Bands, MVS or Fans.
Thank you for helping the struggling Artists.
If you are an Artist that has achieved some fame, but is still far from financially secure... you are not a Superstar. You are free to use the commission system... that is what it is there for. Welcome.
Rule #7... Creators... (computer generated AI music by non-performing entities)... WILL keep to their specified category... because of your unique new artform... we have made you your own category for this amazing new artform (we needed to do this so the Fans can find you), so lets see what Creators can do with this incredible new technology.
IMM reserves the right to cancel without notification, any member that fails to follow the rules.
If you break the Rules... all monies in the Wallet will be e-transfered or mailed to the account holder... all signees will be redirected to IMM and distributed to the membership at IMM's discression, their Profile Page will be canceled, all their music deleted (you'll have 60 days to download it) and their IP address blocked.
Any money in your "Onsite Wallet" is yours, regardless of where it came from.
If you think you have found a loophole around the rules or on how things are worded... like Spotify likes to do... think again... you know exactly what we are saying and we here at IMM don't tolerate such game playing. The renewal commissions are a GIFT from IMM, they can be taken away.
Remember... IMM is membership owned... this is our home... everyone of us is a site cop... and our on site Bots will find you anyway... you will be caught and lose all your future renewal commissions, so behave and treat this site with respect and it will treat you well, and always remember... IMM belongs to the Artists... they give us music... we owe them respect.
IMM is to always act in the best interest of the Artists and it's members first.
IMM reserves the right to change or alter this site in anyway we see fit.
Membership...
You may manually renew up to 60 days prior to renewal being due. Your new year will begin at your date of expiry.
If there is sufficent (Commission funds) in your "Onsite Account" (Wallet, your membership will automatically renew on it's own... 30 days prior to renewal you will be sent an email informing you of the upcoming auto renew.
If you do not have sufficent (Commission funds) in your Onsite Account (Wallet)... you will be sent a reminder email 30 days before your membership is due for renewal and another one on your renewal date... informing you that your membership needs renewing.
If after 30 days (past your renew date) you have not yet renewed, your Profile Page will automatically be shut off. However, it will not be deleted. When you do renew, it will be reactivated with all info, monies and musicfiles intact. During this period your membership will be classified as "Pending Renewal". When you renew during this period, your new year will start on the date you renew.
If you have not renewed your membership after a year from your renewal date... your membership will be classified as abandoned. IMM will send out monthly emails for 6 more months... if you do not respond during this time... IMM will attempt to phone you (during the last month) in regards to your account. If we are unable to contact you, or you fail to renew by the end of this 6 month period... your account will be canceled and all monies in your account will go to fund giveways and draws to the membership.
The independent music mall supplies you with a platform that enables you to buy and sell music and/or comedy or to advertise yourself and/or business to the general public. IMM does NOT sell music and/or comedy, you do.
IMM bears no responsibility whatsoever regarding content, copywright, trademarks, contracts, agreements, or monies owed to third parties as a result of the sale of music and/or comedy on this site.
IMM WILL provide any records or data in regards to the sale of music or comedy on IMM upon legal request from governing bodies or third parties with claims to said music and/or comedy.
On IMM, the member is solely responsible to pay any third parties any monies owed due to taxes, copywright, trademarks, contracts, or agreements. IMM reserves the right to cancel any account without notification for any reason we deem appropriate.
Applicability
These General Terms of Use apply to users of the www.independentmusicmall.com (the "Website") who have created an account (i.e., those who have log-in credentials to access features of the Website not available to the general browsing public). These Terms of Use also apply to those who have not created an account (i.e. those who do not have log in credentials but use the site freely to search, view, and participate on this site). IMM reserves the right to block any ISP for any reason we deem appropriate and without notice.
Acceptance of the Terms of Use
These General Terms of Use are entered into by and between you and the Independent Music Mall ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Website, including any content offered on or through the Website.
Please read these Terms of Use carefully before you start to use the Website. By browsing and using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy and our Copyright Policy, each of which is hereby incorporated herein by reference. If you sign up for an account on our Website, or otherwise make use of any of our service offerings, you will also be bound by the terms of our Terms of Service. If you do not want to agree to be bound by any of these agreements, you must not access or use the Website or our services, as applicable.
By using this Website, you represent and warrant that the account holder is of legal age to form a binding contract with the Company, and meet all applicable eligibility requirements set forth in these Terms of Use. If you do not meet all of these requirements, or if you do not agree to these Terms of Use, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service, content or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users, if any.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
We have the right to disable your access to the Website at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
Except for, information, music, comedy and videos posted for viewing and or for sale on IMM by our members...this Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its affiliates, their respective licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for yourself or your employer but solely for your personal use or the internal use of your employer, and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your employer's or company's internal use only, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: admin@independentmusicmall.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, INDEPENDENT MUSIC MALL and THE INDEPENDENT MUSIC MALL, the Company logo, as it appears on the Website, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from CANADA the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth below in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any IMM members).
To log on any fake or illegal content.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, malware or other material that is malicious or technologically harmful to the Company or others.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which the Website is stored, or any server, computer, or database connected to the Website.
Copy, mirror or otherwise attempt to replicate or reproduce the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain one or more blogs, message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display,or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully, responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non performance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent in each instance.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA,OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Ontario, Canada, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts located in Sault Ste. Marie, Ontario, Canada, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use anywhere you reside or operate your business. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
