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This Agreement
GoVenture is provided to you by MediaSpark Incorporated ("MediaSpark") subject to the terms and conditions outlined herein (hereafter, "Terms of Use" or "TOU"). This constitutes a legally binding agreement between you, GoVenture, and MediaSpark.
To use GoVenture, you must first agree to the TOU. You may not use GoVenture if you do not accept the TOU.
Indemnity
You agree to indemnify, defend, and hold harmless MediaSpark, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents from any claim or demand, liabilities, losses, damages or expenses, including reasonable attorneys' fees and costs made by any third party due to or arising out of your use of GoVenture, Content you submit, post, transmit, or otherwise make available through GoVenture, your connection to GoVenture, your violation of the TOU, or your violation of any rights of another.
Non-Commercial Use
You agree not to use GoVenture for any commercial use not explicitly allowed and encouraged by GoVenture or provided for with the prior written permission of MediaSpark. Excluded commercial activity includes, but is not limited to: Sale or access to GoVenture on another website or software platform; Use of GoVenture for the purpose of gaining advertising revenue; Any use of GoVenture that MediaSpark, in its sole discretion, determines is contrary to the current or future success of GoVenture and its community, or MediaSpark.
WaiverThe failure of MediaSpark to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
Severability
If any provision in this TOU is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this TOU shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this TOU. The remaining provisions of this TOU shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this TOU.
EntiretyThis Agreement, combined with any other related documents officially provided and validated by MediaSpark, contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior discussions, negotiations or agreements.
Statute of LimitationsYou agree that, regardless of any statute or law to the contrary, any claims or cause of action arising out of, or related to GoVenture or the TOU, must be filed within 6 months after such claim or cause of action arose or be forever banned.
Trademarks"GoVenture" and "MediaSpark" are registered trademarks and trademarks of MediaSpark Information Technology Solutions Incorporated in Canada, the United States, and/or other countries. All other trademarks and registered trademarks are property of their respective owners.
Limitations of LiabilityBy using GoVenture and Content, you accept it "As Is", "with all faults." MediaSpark, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents make no warranties or conditions, express, implied or statutory, with respect to GoVenture and the Content including those for merchantability and fitness for a particular purpose. MediaSpark will not be liable, in any event, for any incidental or consequential damages whatsoever (including, without limitation, damages for loss of personal or business profits, loss of business or personal information, non-infringement, interruption, other pecuniary loss, or their equivalent under the laws of any jurisdiction) arising out of use or inability to use GoVenture and the Content, even if MediaSpark has been specifically advised of the possibility of such damages. MediaSpark make no representation that GoVenture and the Content is free of defects. MediaSpark also make no warranties or conditions, express, implied or statutory, including those for merchantability and fitness for a particular purpose, with respect to the operation or performance of GoVenture, the Content, or access performance of information obtained from the Internet while using GoVenture or Content. The entire risk of use and consequences of use of GoVenture and the Content falls completely on you, and MediaSpark shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on GoVenture and the Content. In no event will the liability for any damages ever exceed the cost of the fees directly charged by MediaSpark and paid by you for your right to use GoVenture.
Additional WarrantiesNo written or oral information, guidance, or advice provided by MediaSpark or through GoVenture shall create any warranty not expressly stated in the TOU.
Applicable LawThis Agreement shall be governed by the laws of the Province of Nova Scotia, Canada.
GoVenture is provided to you by MediaSpark Incorporated ("MediaSpark") subject to the terms and conditions outlined herein (hereafter, "Terms of Use" or "TOU"). This constitutes a legally binding agreement between you, GoVenture, and MediaSpark.
To use GoVenture, you must first agree to the TOU. You may not use GoVenture if you do not accept the TOU.
Indemnity
You agree to indemnify, defend, and hold harmless MediaSpark, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents from any claim or demand, liabilities, losses, damages or expenses, including reasonable attorneys' fees and costs made by any third party due to or arising out of your use of GoVenture, Content you submit, post, transmit, or otherwise make available through GoVenture, your connection to GoVenture, your violation of the TOU, or your violation of any rights of another.
Non-Commercial Use
You agree not to use GoVenture for any commercial use not explicitly allowed and encouraged by GoVenture or provided for with the prior written permission of MediaSpark. Excluded commercial activity includes, but is not limited to: Sale or access to GoVenture on another website or software platform; Use of GoVenture for the purpose of gaining advertising revenue; Any use of GoVenture that MediaSpark, in its sole discretion, determines is contrary to the current or future success of GoVenture and its community, or MediaSpark.
WaiverThe failure of MediaSpark to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
Severability
If any provision in this TOU is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this TOU shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this TOU. The remaining provisions of this TOU shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this TOU.
EntiretyThis Agreement, combined with any other related documents officially provided and validated by MediaSpark, contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior discussions, negotiations or agreements.
Statute of LimitationsYou agree that, regardless of any statute or law to the contrary, any claims or cause of action arising out of, or related to GoVenture or the TOU, must be filed within 6 months after such claim or cause of action arose or be forever banned.
Trademarks"GoVenture" and "MediaSpark" are registered trademarks and trademarks of MediaSpark Information Technology Solutions Incorporated in Canada, the United States, and/or other countries. All other trademarks and registered trademarks are property of their respective owners.
Limitations of LiabilityBy using GoVenture and Content, you accept it "As Is", "with all faults." MediaSpark, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents make no warranties or conditions, express, implied or statutory, with respect to GoVenture and the Content including those for merchantability and fitness for a particular purpose. MediaSpark will not be liable, in any event, for any incidental or consequential damages whatsoever (including, without limitation, damages for loss of personal or business profits, loss of business or personal information, non-infringement, interruption, other pecuniary loss, or their equivalent under the laws of any jurisdiction) arising out of use or inability to use GoVenture and the Content, even if MediaSpark has been specifically advised of the possibility of such damages. MediaSpark make no representation that GoVenture and the Content is free of defects. MediaSpark also make no warranties or conditions, express, implied or statutory, including those for merchantability and fitness for a particular purpose, with respect to the operation or performance of GoVenture, the Content, or access performance of information obtained from the Internet while using GoVenture or Content. The entire risk of use and consequences of use of GoVenture and the Content falls completely on you, and MediaSpark shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on GoVenture and the Content. In no event will the liability for any damages ever exceed the cost of the fees directly charged by MediaSpark and paid by you for your right to use GoVenture.
Additional WarrantiesNo written or oral information, guidance, or advice provided by MediaSpark or through GoVenture shall create any warranty not expressly stated in the TOU.
Applicable LawThis Agreement shall be governed by the laws of the Province of Nova Scotia, Canada.