Terms & Conditions

(Last updated: April 24th, 2020)

Welcome to the Safety Media Website (the “Website”), operated by Safety Media Inc.  (“we”, “us” or “Safety Media”) for the purpose of providing information about Safety Media and Safety Media’s products and services to Safety Media’s customers and to other users of the Website generally (individually, a “User” or “you”, and collectively, the “Users”). Any person who wants to use the Website must accept these terms and conditions of use (“Terms of Use”). Please read the Terms of Use carefully.

BY ACCESSING OR USING THE WEBSITE, USER ACKNOWLEDGES HAVING READ AND ACCEPTED THESE TERMS OF USE.  IF USER DOES NOT AGREE WITH ALL OF THESE TERMS OF USE, USER MUST NOT ACCESS OR USE THE WEBSITE. 

We reserve the right to change these Terms of Use at any time. Any such changes will be effective upon posting of a new or modified version of the Terms of Use on our Website. User’s access and use of the Website will be subject to the then current version of the Terms of Use or any other policy or guideline posted or referenced on the Website at the time of such access and/or use. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE USER’S ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

1.USER ACCOUNTS.

You are required to register a user account with the Website in order to access certain features and to purchase products (according to our Terms and Conditions of Sale). We may cancel or suspend at any time your user account at our sole discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using a user account to access and use the Website. However, we may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your user account and any and all use and misuse. You agree to notify us immediately of any unauthorized use of your account and if your user name or password has been compromised. Safety Media does not assume any responsibility, nor will Safety Media be liable, for any damages arising from or related to your failure to keep your user account secure.

2.PRODUCTS, CONTENT AND SPECIFICATIONS

All features, content, specifications, products and services and prices of products and services described or depicted on the Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Furthermore, all product and service recommendations are for convenience and informational purposes only. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products and services ordered will be used only in a lawful manner.

3.TERMS AND CONDITIONS OF SALE

All sales made on the Website are subject to Safety Media’s Terms and Conditions of Sale (“Terms and Conditions of Sale”) in effect at the time of the sale. By placing an order on the Website, you acknowledge that you have reviewed and understand these Terms and Conditions of Sale in effect at the time of the sale and that they apply to your purchase. You should review the Terms and Conditions of Sale on a regular basis as the Terms and Conditions of Sale are subject to change and it is the Terms and Conditions of Sale that are in effect at the time of a purchase that will apply to the sale.

The provision of the C20/20 software (the “C20/20 Software”) or other products, services, solutions, applications, tools and platforms (collectively, with the C20/20 Software, the “CFS products and Services”) of Commercial Fire and Safety Inc. (“CFS”) by Safety Media through the Website is subject to CFS’s master subscription agreement (“MSA”) in effect at the time of the sale. By placing an order on the Website for the C20/20 Software or any other CFS products and services, you acknowledge that you have reviewed and understand the MSA in effect at the time of the order and that it applies to your order. You should also review the MSA then in effect before you renew any subscription for any CFS products and services, as the MSA is subject to change and it is the MSA that is in effect at the time of renewal that that will apply to the renewal.

After you have entered into a MSA, your use of the Website in respect of the CFS products, services and services made available by CFS online will be governed by the MSA applicable to such CFS products and services.

4.OWNERSHIP OF MATERIALS, COPYRIGHT, TRADEMARKS AND DOMAIN NAMES

All materials used or displayed on our Website, products, or product packaging including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (collectively, “Website Content”), are either owned or used under license by Safety Media or Safety Media is authorized to use or reproduce the Website Content by the holder of all rights thereto and are protected by copyright, trademark or other applicable laws. You are hereby authorized to display the Website Content on your computer in a web browser as part of the expected and ordinary use of the Website.  You may not copy or use the Website Content in any other manner or for any purpose.  In particular, you may not

(i)modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights without the prior written consent of Safety Media; or

(ii)remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

In the event that User wishes to use the Website Content for purposes other than personal use, or to modify the Website Content, please contact us by sending an e-mail to customerservice@safetymedia.com.

Safety Media trademarks and logos and trademarks appearing on our Website, products and product packaging are trademarks either owned or licensed to Safety Media (the “Trademarks”). The Website, products and product packaging may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). User’s use of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent of the owner or owners of the Trademarks and Third Party Marks.

User may not frame or use framing techniques to enclose any Website Content, Third Party Content, Trademarks, Website domain names, Third Party Marks or other proprietary information without our written consent. User may not use any meta-tags or any other “hidden text” utilizing our name, the Trademarks or the Third Party Marks without our express written consent or the express written consent of the owners of the Third Party Marks, as the case may be.

5.USE OF WEBSITE

User agrees to use the Website for lawful purposes only.

User will not use the Website, or allow others to use the Website, to:

(i) purchase products or services in violation of applicable law;

(ii) download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;

(iii) e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(iv) upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;

(v) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website; or

(vi) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.

User agrees not to access the Website from any territory where its access, use or content is illegal. User agrees that Safety Media is not responsible for compliance with applicable foreign local laws.

6.WEBSITE PRIVACY POLICY

By accessing the Website, you acknowledge that you have reviewed and understand Safety Media’s Privacy Policy (“Privacy Policy”) governing the collection, use, storage and disclosure of User’s personal information.

7.MODIFICATIONS TO THE WEBSITE

Safety Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, without notice. User agrees that we shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website. Safety Media reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no obligation to do so.

8.HYPERLINKS

The Website may contain hyperlinks to websites operated by parties other than Safety Media. These hyperlinks do not imply any endorsement by Safety Media of or any affiliation with or endorsement by Safety Media of the hyperlinked website. User’s access and use of such third party sites, including any information, material, products and services therein, is solely at User’s own risk. 

9.COOKIES

The Website uses "cookies", a technology that saves information on your computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website, to track your activity within the Website in order to respond to your needs, to offer personalized content and information for your use, and to otherwise facilitate your Website experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website. If you do not agree with the Website’s use of cookies and your browser does not enable you to decline cookies, then you must not use the Website.

10.DISCLAIMER

THE WEBSITE, THE WEBSITE CONTENT AND THIRD PARTY CONTENT, ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SAFETY MEDIA MAKES NO PROMISES ABOUT THE SECURITY, RELIABILITY, TIMELINESS, CORRECTNESS OR ACCURACY OF THE WEBSITE OR ITS CONTENTS OR ITS SUITABILITY FOR ANY PURPOSE WHATSOEVER.

To the extent permitted by law, there are no, and Safety Media excludes all, representations, warranties and conditions, express or implied, statutory or otherwise, including any representations, warranties or conditions of merchantable quality, fitness for a particular purpose or non-infringement. 

11.LIMITATION OF LIABILITY

IN NO EVENT, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL SAFETY MEDIA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, CONSULTANTS AND ADVISORS (COLLECTIVELY, THE “SAFETY MEDIA PARTIES”) BE LIABLE FOR:

(1) ANY DAMAGES CHARACTERIZED AS LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION OR FAILURE TO REALIZE UNEXPECTED SAVINGS; OR

(2) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER;

EVEN IF THE SAFETY MEDIA PARTIES OR ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON OR EXCLUSIONS OF EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS PROVIDED FOR IN THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.

12.INDEMNIFICATION

User is responsible and liable for:

(a) any breach of User’s representations, warranties, covenants or obligations under these Terms of Use and for the consequences of such breach, including any resulting loss or damage incurred by the Safety Media Parties; and

(b) any and all actions and omissions by User.

User hereby agrees to indemnify, defend and hold harmless the Safety Media Parties from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the Safety Media Parties due to or resulting from use or access by User or any person accessing the Website, the Website Content or the Third Party Content on behalf of User or violation of these Terms of Use by any such persons. User will assist and co-operate as fully as reasonably required by the foregoing parties in the defense of any such claim or demand.

13.APPLICABLE LAW

These Terms of Use will be governed by the laws of the Province of Ontario and the Federal laws of Canada applicable therein. Any dispute between Safety Media and User arising from, connected with or relating to the Website, these Terms of Use, or any related matters shall be resolved by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. Safety Media and User agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto, Ontario and shall proceed in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

14.ENTIRE AGREEMENT

These Terms of Use include and incorporate by reference all notices, policies, disclaimers and other terms and conditions contained on the Website, including the Privacy Policy and Terms and Conditions of Sale (collectively, the “Additional Terms”).  These Terms of Use, including the Additional Terms, as they may be amended from time to time, constitute the entire agreement between User and Safety Media relating to access and use of the Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties with respect to such subject matter. These Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on the Website.

15.ASSIGNMENT

User may not assign, sublicense or otherwise transfer its rights, duties or obligations hereunder.

16.SEVERABILITY

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

17.NO WAIVER

Safety Media will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

18.TERMINATION

These Terms of Use are effective until terminated or replaced by Safety Media, with or without cause, in our sole and exclusive discretion. Safety Media may refuse to grant User access to the Website if User fails to comply with any of the Terms of Use. We also reserve the right to terminate or suspend User’s access and use of the Website or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition and without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If these Terms of Use or User’s permission to access or use the Website are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon User, in respect of prior access to or use of the Website and anything connected with, relating to or arising therefrom. Should User wish to terminate the Website account, please notify us by e-mail at customerservice@safetymedia.com.

Sections 2, 3, 4, 6, 10-14 and 18-21 of these Terms of Use, and any other provisions these Terms of Use the nature and intent of which is to survive termination or expiration of the Terms of Use, shall survive the termination or expiry of these Terms of Use.

19.RIGHTS

All rights not expressly granted herein are reserved.

20.HEADINGS

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect.

22.          INTERPRETATION

In the Terms of Use, unless something in the subject matter or context is inconsistent therewith or unless otherwise herein provided:

•     a reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced;

•     the term “provision” includes terms, conditions, covenants, agreements, representations, warranties and other provisions;

•     words or abbreviations that have well known technical, industry or trade meanings are used herein in accordance with their recognized meanings;

•     the terms “hereof”, “hereunder” and similar expressions refer to these Terms of Use and not to any particular section or other portion hereof;

•     where the word “including” or “includes” is used in these Terms of Use, it means “including (or includes) without limitation”; and

•     words importing the singular include the plural and vice versa and words importing gender include all genders.

21.CONTACT

Questions, comments or any violations reports should be sent to Safety Media by e-mail to:

admin@safetymedia.com.

 

 

 

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