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Terms of Use 


Effective Date: April 2nd 2021
Lakeshore Media Services Inc. (hereinafter referred to as "LMS", "we", "us", or "our") is a corporation incorporated pursuant to the laws of Ontario. 


This Agreement sets forth the binding terms and conditions for users (“you”, “your” or a “user”) of our website www.lakeshoremediaservices.com (the “Site”) provided by LMS. Please read this Terms of Use (the “Agreement”) carefully before using the Site. If you do not agree with this Agreement, then you must immediately stop use of the Site. 

 


1. ACCEPTANCE OF TERMS

By accessing the Site, you agree to be bound by this Agreement. The Site is offered subject to acceptance of all the terms and conditions contained in this Agreement and all other operating rules, policies, and procedures that may be published on the Site from time to time. 

 


2. MODIFICATION

LMS reserves the right, at its sole discretion, to change, suspend, or discontinue the Site (including, but not limited to any feature thereof) at any time for any reason. LMS may also impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability to you. 
We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible on our website. You should review the effective date for each Agreement. 
Notwithstanding the forgoing, we may update the Site from time to time with new versions, bug fixes or updates. 

 


3. LICENSE FOR ACCESS AND USE

LMS grants users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of the Site for your personal use only. You agree to abide by this Agreement and other terms and conditions of LMS. 

 


4. PROHIBITIONS

As a condition to use the Site, you shall not:

  • reproduce, duplicate, modify, copy, sell, resell, or otherwise exploited for any commercial purpose the Site, its contents or any portion thereof without express written consent from LMS;
     
  • use the Site to run or promote illegal or immoral business activities;
     
  • use email addresses collected by the Site maliciously or violate the CAN-SPAM Act;
     
  • use any mass emailing option in a manner that violates the CAN-SPAM Act, or any other relevant laws governing mass electronic communications in effect from time to time, including sending “spam” emails;
     
  • use the Site for any illegal or unauthorized purposes;
     
  • post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
  • use of data mining, robots, screen-scraping, or similar data gathering and extraction tools;
     
  • set up multiple accounts, unless you have legal permission to do so;
     
  • collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
     
  • reverse engineer, decompile or disassemble any of the software used to provide access to the Site; 
     
  • reproduce, duplicate or copy or exploit any other portion of the Site, without the express written permission of LMS; or
     
  • interfere with or disrupt the Site, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

 


5. PRIVACY AND COMMUNICATIONS

We reserve the right to send notifications of renewals, special offers, updates to our software and terms and conditions to the extent permitted by the CAN-SPAM Act and other relevant privacy law in Canada.
All communications between you and LMS are confidential and subject to our Privacy Policy as prepared from time to time. 

 


6. LINKS TO THIRD PARTIES

The Site may provide, or third parties may provide, links to other websites and resources. We have no control over and do not monitor such sites and resources. You acknowledge and agree that we are not responsible for the availability of such third-party sites, services or resources, and do not endorse and are not responsible or liable for any content, advertising, or other material available on such sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such site or resource.

 


7. OWNERSHIP OF INTELLECTUAL PROPERTY

All title, including not limited to copyrights, patents, trade secrets and other intellectual property rights in and to the Site, its contents, including but not limited to all training materials, and any copies thereof unless otherwise stated are owned by LMS. All title and intellectual property rights in and to the content which may be accessed through the Site is the property of the respective content owner and may be protected by applicable intellectual property law. 
LAKESHORE MEDIA SERVICES and other trademarks displayed in connection with the Site unless otherwise indicated, are the exclusive property of LMS. 

 


8. YOUR CONTENT

Some areas of the Site may allow users to submit and publish content such as profile information, comments, questions, photographs illustrations and other content information (“Your Content”) You retain ownership in Your Content. However, you grant LMS and its affiliates a non-exclusive, royalty-free, license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform and display your Content in connection with the Site. 
Before posting Your Content, you represent that you have all necessary permission to post such.

 


9. TERMINATION

Without prejudice to any other rights, LMS, may terminate this Agreement if you fail to comply with this Agreement or our Privacy Policy. We may for any reason, in our sole discretion and without liability to you, modify, suspend or terminate your access to the Site. 

 


10. LIMITATION OF LIABILITY

IN NO EVENT WILL LMS, OR ITS LICENSORS OR AFFILIATES, BE LABILE WITH RESPECT TO ANY SUBJECT MATTER IN THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE MEANS FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, (IV) ANY OF YOUR CONTENT OR (V) DAMAGES RELATING TO YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE AND ANY USER CONTENT OR CONTENT OF THIRD PARTIES OR THE MANNER WHICH INFORMATION AND CONTENT THAT APPEARS ON THE SITE. LMS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FORGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.


To the maximum extent permitted by applicable law, LMS assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content on the Site, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption, delay or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party, (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site, and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall LMS, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to LMS.

 


11. WARRANTY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LMS MAKES NO WARRANTY WITH RESPECT TO ITS SITE, SERVICES, ANY USER CONTENT, OR THAT THE SITE WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.


NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 


12. APPLICABLE LAWS AND JURISDICTION

Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed according to the laws of Canada and the Province of Ontario as applicable. 

 


13. INDEMNIFICATION

You agree to indemnify us and hold our subsidiaries, affiliates, officers, directors, agents and other partners or employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising from your use of the Site, your violation of this Agreement, or your violation of the rights of any third parties. You are responsible for your actions when using the Site. 

 


14. NOTICES

Notices to you may be sent via either email or regular mail to LMS’ address. If you wish to contact LMS or deliver any notice, you can do so as follows: [email protected]

 


15. NO WAIVER

No waiver of any term of this Agreement shall be deemed a further or continued waiver of such term of any other term, and LMS’ failure to assert any right or provision under this Agreements shall not constitute a waiver of such right or provision. 

 


16. RELATIONSHIP

No independent contractor, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

 


17. ASSIGNMENT

This Agreement and any rights or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LMS in its sole discretion. 

 


18. FORCE MAJEURE

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, viral or bacterial pandemic, medical emergency, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

 


19. GENERAL

This Agreement constitute the entire agreement between you and LMS concerning your access and use of the Site. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited or modified as necessary to eliminate its invalidity or unenforceability without in any way affecting the remaining portion of the Agreement.