Terms of Use

Thank you for visiting the CenterPointMedia.com Web site. This Agreement ( "Terms of Use" ) sets out the terms and conditions that govern your access to and use of our Web site. By using our Web site, you agree to comply with all of the terms and conditions hereof.  Please see our Privacy Policy for terms applicable to our data collection and use practices. 

We reserve the right to change the terms of this Agreement, including our separate Privacy Policy, as we deem appropriate. Any changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We do not have a duty or obligation to inform users of this Web site that changes have been made, regardless of the scope and importance of the changes. We encourage users to periodically check back and review this Agreement so that you always will know what terms and conditions apply to your access to and use of this Web site. Your continued use of our Web site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Web site may change, restrict access to, suspend or discontinue this Web site, or any portion of this Web site, at any time.

We reserve the right to refuse service, terminate accounts and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Center Point Media, its parent, affiliates or licensees.

Ownership; License

All Center Point Media web sites and all content displayed on those sites and all software, data and information used to provide this Web site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Center Point Media, it affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access or download content from this Web site solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Web site. Except as expressly authorized in this Agreement, you may not modify, distribute, reproduce, display or use this Web site or any elements thereof. All rights not expressly granted to you by us in this Agreement are reserved to Center Point Media and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Web site as authorized hereunder.

Certain Restrictions

Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics are strictly prohibited without prior express written permission of Center Point Media. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Web site, or any trademark, logo, content or other proprietary information (including images, text, page layout or form) included on the Web site, with any other software or content of a third party. You may not use any meta tags or any other "hidden text" utilizing the names or trademarks of Center Point Media, its parent, affiliates or licensees without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of our web sites using any "robot," "spider," "deep link," "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose.

Links

Our web sites may provide links or references to third party sites that Center Point Media does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. Center Point Media has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided as merely a convenience to the users of this Web site, and such links do not imply endorsement by Center Point Media of such other third party sites or the content contained therein. Center Point Media disclaims all liability with regard to your access to such linked Web sites, and access to any other Internet Web sites linked to this Web site is at your own risk. You should consult the terms of use and privacy policy of any other Internet Web site. You release and discharge Center Point Media, its parent, affiliates or licensees from any and all liability arising from your purchase or use of products or services by or through such third party sites.

Product Information and Warranties

Please note that this Terms of Use applies solely to products offered for sale directly by our Web site(s) and does not apply to products or services offered or posted by one of our advertisers or members. Please see our separate Advertising or Members Policy for additional information related to any products or services offered by our advertisers or members.

You may be able to purchase certain products directly from us on our Web site. With respect to those products, we make no express warranties whatsoever and disclaim any thereof, and all such products are sold "AS IS."  We will, however, try to pass along the benefit of any warranties provided by the third-party manufacturer. The terms of these warranties are generally included in the materials accompanying the product. 

EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME.

In no event will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products (including non-conforming products), or for any third-party claims against you relating to any products, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal theory) in respect of any product exceed the purchase price that you paid to us for it.

Disclaimer of Warranties; Limitation of Liability

You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this Web site, including information, products and services referred to, advertised or promoted on or sold though the Web site. This Web Site and all information, products or services available through this Web site are provided by us on an "as is" basis without warranties of any kind, either express or implied. Neither Center Point Media, nor any of its parent, affiliates or licensees warrant that this Web Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Web site, or as to the accuracy, reliability or completeness of content or any information, service or merchandise provided through this Web site. 

You agree that the entire liability of Center Point Media, its affiliates or licensees arising out of any kind of legal claim arising out of or otherwise related to this Web site will not exceed the amount you paid, if any, for the use of this Web site or any products or services purchased hereon out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Use at Your Own Risk

We provide the material available through this Web site for informational purposes only. You may only use the material and the services available through this Web site for your personal and non-commercial use. Before you act on any information you've found on our site, you should independently confirm any facts that are important to your decision.

Materials Submitted by Other Users

We cannot and do not review every posting made in our blogs, chat rooms, forums and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff.

Data Security

We have in place, what we believe to be, reasonable physical, and electronic procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online.

In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.

Data Collection and Use

Any personally identifiable information provided by you in electronic communications to the Web site is governed by this Web site's Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this Agreement by reference.

Use of Communications Services

We may provide a variety of services through which you can directly interact with others, such as e-mail services, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas but we assume no responsibility for the views and opinions expressed.

We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our Web site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to our Web site, our customers, the public or Center Point Media and its affiliates or licensees. We reserve the right (but assume no obligation) to review the content of our network sites, including blogs, message boards, chat rooms, listings, forums and other information posted to our network to determine compliance with this Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. 

By using our Web site(s), you agree not to post, submit or transmit through our network sites any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Web site or our network sites shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any content or other material submitted by you to or through our Web site(s) and agree that you will indemnify and hold Center Point Media harmless from and against any claims, damages or losses related to such content or other material.

We reserve the right to deny access to any service to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy our Web site(s) or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Posted Materials

You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how to us via our Web site(s) , whether by submission to a public area of the Web Site (e.g., blogs or message boards) or by other communication to us through e-mail or other means of electronic communication facilitated by our Web site(s) . Although Center Point Media does not claim ownership of content that its users post, by submitting communications, materials or Ideas to any public area of this Web site, you grant Center Point Media, its affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter on a worldwide basis. You also permit any other user of our Web site(s) to access, view, store or reproduce the material or ideas for that user's personal use. Such purposes may include disclosure to third parties. By posting or disclosing such information, you hereby waive any claim that Center Point Media misappropriated any such Ideas, materials or any portions of your communication.

Copyrights

Center Point Media respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Web site under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Center Point Media' Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and e-mail address);
• A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Violation of These Terms of Use

We may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of our Web site(s) , or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Web site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you with us through the Web site or any service offered on or through the Web site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Center Point Media, its employees, users of or visitors to the Web Site, and the public.

Without limiting any other portion of this Terms of Use Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site and/or block your future access to the Web site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Web site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Center Point Media may have at law or in equity.

Miscellaneous

Use of this Web site by you for spamming is strictly prohibited. By using this Web site, you agree not to use information concerning other users of this Web site or any items such users have listed or searched for on this Web site (including listing information, user names, e-mail addresses, telephone numbers and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.

This Terms of Use agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Norfolk, Virginia, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and Center Point Media as a result of this agreement or use of this Web site.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You shall use this Web site for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Web site will not be permitted. 

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site, which includes any discontinuance or material modification of the Web site or any service offered on or through the site, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Center Point Media. You agree that Center Point Media will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.

Questions

If you have further questions that were not addressed in the above policy, please contact us at Center Point Media, 15 Baif Blvd, Suite 205, Richmond Hill, ON L4C 5N7 Canada